GENERAL TERMS & CONDITIONS (GTC) & NUTZUNGSBEDINGUNGEN / AGB
The headings of the individual clauses are provided for convenience of reference only and shall not affect the interpretation or construction thereof. It is only allowed to use this "service" or “website” or "offer" or "TheKingsNFT" (www.thekingsnft.art)", as the user or Crowdartist is fully able to speak fluently English and can read and fully understand these “GTC” in total. The User agrees that he/she is fully proficient in the English language in order to understand these General Terms & Conditions (hereinafter also referred to as "GTC") as well as the system language of the Service in order to operate this Service. Furthermore, the User confirms that he has many years of experience as well as extraordinary technical and functional expertise in dealing with cryptocurrencies, crypto assets, decentralized networks (such as Ethereum, etc.), smart contracts, wallets and the entire blockchain technology.
The user/crowdartist must be compliant and consider all of applicable local tax regulation and legal requirements under its own full responsibility. If the user is not allowed to use this services or parts of this services or if there is any kind of legal or regulatory uncertainty, he is not allowed to use this service, this website or any kind of offers of the provider - in this case he must leave this webiste immediately. In this case, the user/crowdartist fully indemnifies the Provider from all claims of third parties (whether from official bodies, companies, private entities/individuals) - the customer assumes here solely the full liability. All services or positions listed here are subject to artistic freedom, among other things, according to Art. 5(3) of the German Basic Law (GG). The General Terms & Conditions (GTC), published on thekingsnft.art apply.
1.2 German law shall apply and the User acknowledges this by using the Offer and Services. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. The place of jurisdiction is the headquarters of the provider (currently Munich) and in case of non-jurisdiction alternatively Frankfurt in Germany. The place of jurisdiction Munich, alternatively Frankfurt, is expressly and solely recognized by the user as well as pending parties. In particular, the special rights of art and artistic freedom according to German and European law apply, which the User expressly acknowledges and knowingly and proactively submits to by using parts or the entire Service. The User and the Provider furthermore undertake, in the event of a dispute arising from or relating to these “GTC” (as the case may be, the designation of the contract), to conduct a conciliation procedure in accordance with the provisions of the German conciliation board for commercial disputes before bringing an action before an ordinary German court or arbitration court.
1.3 User Groups:
The offering of this experimental digital action art project "TheKingsNFT" is directed at the following two user groups. These will be referred to collectively as "USERS" and in detail as a) "VISITORS" and b) "CROWDARTISTS":
The user group "VISITOR" is granted free access to the freely accessible areas of the Internet pages of "TheKingsNFT" (currently: www.thekingsnft.art) of the provider, participating services and, if applicable, publications on offers of third parties, as well as a view of the currently published online status of the experimental digital action art project "TheKingsNFT". Free services can be discontinued, changed or extended by the provider at any time, in whole or in part, without giving reasons or prior notice.
The user group "CROWDARTIST" is an active and recognized artist primarily in the field of digital art in the main or secondary profession. The CROWDARTIST is provided with a one-time digital upload for a graphic or video file of a digital artwork (hereinafter referred to as "Crowdartist-Artwork"), which is completely self-created and created by the CROWDARTIST's own artistic performance, own idea and own artistic creative power, on the Provider's website (www.thekingsNFT.art, etc.) in accordance with the UPLOUD TERMS. By successfully uploading, the CROWDARTIST actively participates in the digital experimental action art project "TheKingsNFT" as part of an artist collective in accordance with these Terms ("GTC").
1.4 Further definitions of terms and GTC
A "plot" is a single digital graphic display area on the Provider's websites or related offers (including offers of third parties), which can be occupied once by participating CROWDARTISTs with their Crowdartist artwork in accordance with the upload conditions using Updoad.
b) “Crowdartist Artwork”:
A digital graphic or video file of a digital work of art created by the CROWDARTIST through his own artistic performance, his own idea and his own artistic creative power, to which he holds all and any rights in full.
TheKingsNFT-frame" is the entire digital representation area, which consists of the individual offered "plots" and becomes an independent, self-contained and new work of art ("final Crowdartwork") when all plots are filled.
d) “Final Crowdartwork”:
The final, new and then independent work of art created by filling all "plots", which consists of the individual Crowdartist artworks of all participating Crowdartists.
1.5 As per actual regulations using crypto-assests (Ethereum, etc.) in the United States, the provider is not offering any services currently to citizen from the United States or can proceed crypto-assets or any other assets/money with its origin in the United States. The user (all user groups) expressly confirms that no payments from US bank accounts or values related to or originating from US bank accounts or values will be transmitted and used for payment. Users from the United States are ont allowed to use this service or related services of the provider.
2.1 The offering "TheKingsNFT" aims to create a novel digital artwork in the form of a digital and experimental action art project. The artistic purpose is to create a new independent work of art (= "Final Crowdartwork") from the individual digital Crowdartist artworks similar to a cohabitational artwork (loosely based on the principle of a "patchwork quilt"). In this context, the provider offers the Crowdartists on the Internet pages and Internet offers of the provider (currently: www.thekingsnft.art, etc.) a chargeable digital upstream of a graphic file, which is then displayed and published online once on a digital representation surface (= "plot") on the Internet pages or other offers or services (also third-party services). This entire digital display area consists of several digital partial display areas (hereinafter referred to as "plots") as specified by the offer. The number of available "plots" can be changed, extended or shortened at any time by the provider at his own discretion, without giving reasons, within the framework of the artistic property of the project. As soon as all "plots" are completely filled by successful participation of the Crowdartists by means of successful uploads of their own artwork file (= "Crowdartist Artwork") according to the upload conditions, the Provider will create a new independent artwork (= "Final Crowdartwork") from the individual digital Crowdartist Artworks within the framework of the digital action art project. In this context, the Provider is completely free in the design, composition, artistic processing, general processing or redesign of the "Final Crowdartwork" and may make further changes in the context of artistic or format-related own work to the "Final Crowdartwork", i.e, the work as such and thus to all participating artworks of the Crowdartists (= "Crowdartist Artwork"). By participating, the Crowdartist hereby grants the Provider the express right and consent and transfers to the Provider free of charge and exclusively all necessary rights in this regard. As soon as the final new independent work of art ("Final Crowdartwork") has been created by the Provider, the Provider may optionally, voluntarily and at its own discretion and within the framework of the digital and experimental action art project, post, mine, sell, auction or otherwise offer this new work of art (Final Crowdartwork) in its own name and for its own account on a platform for NFT art (none-fungible-token) freely selectable by the Provider or on art platforms other than NFT or in other digital form for a maximum period of 3 months. The Crowdartist also here transfers to the provider free of charge and exclusively all rights required for this and agrees to the further processing in the overall sense of this action art project completely and irrevocably. The herewith within a maximum of 3 months optionally achieved one-time initial proceeds (no royalties, no commissions, etc.) will, if pending and incurred, after deduction of the fees pending for the provider in the context of this digital action art in equal parts to the participating Crowdartists one-time by the Provider for independent and autonomous collection (claiming) at their own expense and effort. The collection (claiming) takes place via a technology freely chosen by the Provider in the form of a from the provider to be choosen digital asset (e.g. Ethereum, etc.) for a limited period of time (max. 4 weeks) after announcement on the website “thekingsnft.art”. The provider is fully entitled to use the "Final Crowdartwork" as well as all "Crowdartist artwork" even after the offer and optional resale or after the termination of this digital action art campaign "TheKingsNFT" unlimitedly on the websites, for further purposes, further services of the provider as well as attached or connected services of third parties as well as in socialmedia offers, for digital advertising, marketing purposes and merchandise of all kinds as well as offers of the "metaverse" etc. for an indefinite period of time without restriction, publish and process - the Crowdartist gives his express and irrevocable consent with participation and transfers to the provider here free of charge all necessary and exclusive rights.
The provider is entitled to change, shorten or expand the number of
available plots at any time, without notice, without notification to
the Users/Crowdartists - furthermore, the provider is entitled at any
time and without notice, without notification to the User/Crowdartist
to reproduce, publish, resell and reuse the offer in the same, similar
or other form or to monitarize or publish in whole or in part - The
User/Crowdartist expressly agrees to this. The Provider shall be
entitled at any time to resell, sell, lease, rent, assign, license or
otherwise transfer the Service/Product "TheKingsNFT" in whole or in
part to third parties or other providers - In this case, the
User/Crowdartist already explicitly and expressly agrees that all
rights (all and any) now transferred to the Provider shall also be
transferred to any new owner, new provider or new User/Crowdartist of
the Service/Product "TheKingsNFT" (also under other names or
organization, etc.). ) shall be fully transferred free of charge and
The provider reserves the right to change the position of the plots selected by the User/Crowdartist even after the upload without giving reasons and prior notice and to limit the maximum number of participation / purchase to one plot per User/Crowdartist in individual cases or holistically - the User/Crowdartist expressly agrees to this and gives the provider full and free permission to do so. The Provider is expressly entitled to use the Service/Product "TheKingsNFT" (and all related fields) expressly, completely and exclusively in any form, for advertising purposes, for reference purposes and all other purposes to promote its market position and sales promotion for itself and all other of its products as well as for Partners of the Provider- the User/Crowdartist grants and transfers to the Provider all necessary rights for this purpose free of charge and exclusively.
The Provider is entitled at any time (during the entire term of the Project and without notification or advance notice to the User/Crowdartist, etc.) to change, expand or reduce the offer of "TheKingsNFT" (the offer/service) and thereby the number of offered plots at any time. Furthermore, the Provider is entitled at any time (during the entire term of the project and without notification or advance notice to the User/Crowdartist, etc.) to change plots in type, function, technical technology, possibilities and scope of any kind, etc. - e.g. to convert plots into a single Non-Fungible Token (or similar technologies) in order to change or expand functions and usage possibilities of individual plots in all forms (e.g. for a possible transfer, sale, lease, usage of all kinds of the plots by the User) - The User/Crowdartists expressly agrees to this and transfers to the Provider free of charge and exclusively all rights necessary for this.
2.2.1 Paid services
The Provider offers the user group CROWDARTIST a chargeable digital uploud option of a graphic file of its "Crowdartist artwork", which is then displayed on a part ("plot") of the overall digital display area (= "TheKingsNFT-frame") according to the offer on the Internet pages (e. g. e.g. www.thekingsnft.art, etc.) or further offers or services of the Provider (also services of third parties, in particular social media and metaverse offers) online once, processed, used by the Provider and published. The file must be a digital work of art of the respective Crowdartist ("Crowdartist Artwork") created entirely by his own artistic performance and must comply with the upload conditions and a prior free review of the Provider. The paid service of the Provider consists in the one-time and time-limited provision of a one-time upload possibility for the Crowdartist for the purpose of uploading his artwork file ("Crowdartist Artwork") according to the Uploud Terms. The contract is only concluded if the artwork ("Crowdartist Artwork") uploaded by the "Crowdartist" meets the requirements and characteristics of the upload conditions in type and digital format. The Provider will thereupon publish and use the "Crowdartist Artwork" on the "plot" selected by the "Crowdartist" on the Internet pages of the Provider (www.thekingsnft.art) for a time freely chosen by the Provider. Provided that legal reasons, liability claims of third parties as well as reasons of force majeure do not prevent this, the minimum obligatory publication period by the Provider is a maximum of 3 years, but can be extended by the Provider at its own discretion and sole decision at any time and without explicit consent of the Crowdartist for an indefinite period of time - the Crowdartist expressly agrees to this and transfers or grants the Provider all necessary exclusive and sole rights for this free of charge.
2.2.2 Free and voluntary services
Free services can be discontinued, extended, changed or minimized at any time in whole or in part and without explicit prior notice from the provider - the user expressly agrees to this and indemnifies the provider from all claims, including those of third parties.
The user group "Visitor" and users in general are granted free access to the freely accessible areas of the website (www.thekingsnft.art) of the Service as well as attached services (also third parties) of the Provider, which contains the state of the digital and experimental action art project "TheKingsNFT" ("Crowdartist artwork" or "Final Crowartwork") of the Crowdartists published by the Provider at that time for viewing.
2.2.3 Optional free extension of the Service according to 2.2.1.
The Provider reserves the express and, at its sole discretion, optional right, within the artistic nature of the Service, to voluntarily extend, modify or shorten free services or offers, in whole or in part only, and without prior notice and renewed required consent of the User, in particular Crowdartists, as follows.
Optional and free extension of the service for the "Crowdartist":
- As soon as all "plots" are completely filled by successful participation of the Crowdartists by means of successful uploads of their own artwork file (= "Crowdartist Artwork") in accordance with the upload conditions, the Provider will create a new independent artwork (= "Final Crowdartwork") from the individual digital Crowdartist Artworks as part of the digital action art project.
- In this context, the Provider is completely free in the design, composition, artistic processing, general processing or redesign of the "Final Crowdartwork" and may make further changes in the context of artistic or format-related own work to the "Final Crowdartwork", i.e. the work as such and thus to all participating artworks of the Crowdartists (= "Crowdartist Artwork"). By participating, the Crowdartist hereby grants the Provider the express right and consent and transfers to the Provider free of charge and exclusively all necessary rights for this purpose.
The User "Crowdartist" expressly acknowledges that in this context and in the Provider's sole discretion, changes, adjustments or losses of any kind, in particular in type, depth, view, representation, format and quality may occur to the Artwork or that his Artwork may be freely merged with the Artworks of other participating "Crowdartists" at the Provider's discretion. The Crowdartist grants the Provider express permission to do so and transfers all necessary exclusive rights to the Provider free of charge.
- Once the final new independent work of art ("Final Crowdartwork") has been created by the Provider, the Provider may optionally, voluntarily and at its own discretion and within the framework of the digital and experimental action art project, post, mine, sell, auction or otherwise offer this new work of art (Final Crowdartwork) in its own name and for its own account on a platform for NFT art (none-fungible-token) freely selectable by the Provider or on art platforms other than NFT or in other digital form for a maximum period of 3 months. The Crowdartist also here transfers to the provider free of charge and exclusively all rights required for this and agrees to the further processing in the overall sense of this action art project completely and irrevocably.
- The herewith within a maximum of 3 months optionally achieved one-time initial proceeds (no royalties, no commissions, etc.) will, if pending and incurred, after deduction of the fees pending for the provider in the context of this digital action art in equal parts to the participating Crowdartists one-time by the Provider for independent and autonomous collection (claiming) at their own expense and effort. The collection (claiming) takes place via a technology freely chosen by the provider in the form of a digital asset (e.g. Ethereum, etc.) for a limited period (max. 4 weeks) after announcement on the website thekingsnft.art. The Crowdartist expressly acknowledges and understands that this is a voluntary and optional free extension of the Service and the Provider is completely free to implement, provide or not provide it in whole or in part. The Crowdartist hereby indemnifies the Provider from any and all claims. However, by using the Service of the Provider, the User, in particular the Crowdartist, explicitly agrees to this optional extension in whole or in part explicitly and completely and grants him all necessary exclusive rights for this free of charge. Should a notification be legally required, the User, in particular the Crowdartist explicitly agrees to the communication by e-mail (to the e-mail address provided by the User) or publication on the Internet pages of the Provider.
The optional concept extensions mentioned here are voluntary, free of charge and optional extensions of the service by the provider. The user, in particular the Crowdartist, agrees to these here mentioned free, voluntary and optional extensions of the service with booking but already expressly, transfers to the provider free of charge and exclusively all necessary rights (including exclusive and complete rights of use) and authorizes the provider to carry out these in whole or in part and without renewed announcement and at its own discretion optionally or not.
IMPORTANT: It is solely the responsibility of the User, in particular the participating Crowdartist, to provide the Provider with his correct, accurate and current Wallet address (specify Public ETH address) during the order process. The participating Crowdartist is advised that he must have unrestricted and complete access to this Wallet address at all times - this is the sole responsibility of the participating Corwdartist. The participating Crowdartist expressly confirms that this Wallet address (Public ETH address) is in his own possession and that he uses this exclusively for his own person. In order to participate in any profits, which may and possibly result from this service (experimental digital action art project), or to receive these must be a wallet address (Public ETH address) of the participating Crowdartists by this! In case the user (participating Crowdartist) expressly does not wish to provide an Wallet-Adresse (Public ETH Adress), the Crowdartist explicisly confirm and understand, that he cannot and will not participate in all the features of the service, nor will the Crowdartist be eligible for any optional profit on the sale of the total artwork or services. In this case the participating Crowdartist confirms that he withdraws from all possible claims. In this case, the participating Crowdartist transfers exclusively all total possible share or any possible profit to the provider of this service. The user / participating Crowdartist confirms and understands that this decision by the Crowdartist is absolutely irrevocable after finishing the participation process by clicking the "Buy now (charges apply)"-button during "checkout".
3.1 Risk desclosure
3.2 Artistic property of the service
With the use of free or paid services as well as the offer in general of the provider, the user explicitly acknowledges the artistic claim and the artistic experimental property of this service. Furthermore, he acknowledges that all offers, functions, services of the provider are subject to the right of artistic freedom according to German law. The offer is a digital art project with experimental properties and as such expressly subject to the freedom of art. By using this offer in whole or in part, the user expressly confirms and acknowledges this. The user confirms the freedom of art according to German law. Should the user have any questions regarding these conditions in the context of this digital art action and artistic property, the user is encouraged to seek direct contact with the provider: fSjEHyeuIHCkqOIpQuuUaMOlQir`GqmOwirDCvgPhMsQtV^sutA@^GOmPEMtilB_hnhUeAqpkMUHSiJXnpi\gmuvMTsqXehvnuvfGKtSsmexa.VajrGCzrgt`Q`
The user confirms, expressly acknowledges and, if necessary, transfers to the provider free of charge all necessary exclusive rights:
- that within the scope of this specific artistic freedom and artistic property of the Service, the Provider may partially or completely adapt, modify, discontinue, expand or reduce services, functions, representations (of the Service and the Artwork or parts thereof).
- That the offer / service of the provider is an experimental digital art project / action art project, which is subject to artistic discretion of functionality and artistic functional freedom under the freedom as well as special rights of the arts. The user expressly agrees to this and the associated artistic latitude, freedom and possible adjustments to the service / offer.
- The User, in particular Crowdartist expressly and free of charge authorizes the Provider to use transmitted content, data and in particular the artwork for advertising purposes and publication in other networks, in particular social networks, modified, creative adapted for advertising purposes at its own discretion as well as holistically at its own discretion.
The provider reserves the express right, within the artistic nature of the service, to expand the offer free of charge as follows and without notice. By using the Service of the Provider, the User, in particular the Crowdartist, explicitly agrees to an optional extension in all areas at the free discretion of the Provider explicitly and completely.
3.3 Cryptocurrencies, cryptocurrencies and technology
By using parts or the entirety of the service / offer, the user is explicitly aware and acknowledges:
- those cryptocurrencies and crypto values are generally subject to massive price fluctuations, up to and including total loss.
- that services can also no longer be provided by the provider due to deletion or functional restrictions of external services involved
- that the use of new technologies, in particular blockchain technology or similar networks, may at any time entail the risk of a total breakdown, which may make the provision of services by the provider wholly or partially difficult or impossible.
- that the payment amount to be paid in the form of "ETH" (Ethereum - ethereum.org) in the case of fee-based offers / services is subject to immense, spontaneous, unplannable and frequent fluctuations in real value, up to and including total loss, in relation to the own official national currency (exchange rate fluctuations, information on this e.g. at coinmarketcap.com, etherscan.io, etc.)
- that when using "ETH" (Ethereum - ethereum.org), cryptocurrencies in general or using decentralized networks, comprehensive fees from payment providers, pending offers of third parties or the decentralized system as such (e.g. "gas-fees" and similar - further information: www.ethereum.org) may become pending, which the user bears and is responsible for independently in the context of using the service
- that in dealing with crypto assets, crypto currencies and decentralized networks, several years of experience and comprehensive/current technical special and expert knowledge is required. Information contained herein, the offer as well as service of the provider do not constitute investment advice or recommendation in any form. It should be noted that trading cryptocurrencies may involve a significant risk.
3.4 Tax & Legal Risks
The user is with the use of service / offer in whole or in part expressly aware and he acknowledges:
- that any proceeds generated or the use of this Service, pending or similar services or the handling of cryptocurrencies, cryptovalues, digital assets, decentralized networks, values or similar may result in tax obligations, declaration obligations, duty obligations or further obligations under the legislation or further rules applicable to the User, in particular Crowdartist. The user, especially the Crowdartist, is here fully and independently responsible and liable for compliance with all laws and rules (tax, anti-money laundering, customs, etc.) of all kinds and holds the provider harmless from any claims or obligations, including third parties.
- that especially legal changes can lead to subsequent changes in tax liability, liability or legal status for the user.
- that the Provider does not, cannot and will not provide any tax or other legal advice, risk analysis or assessment for the User.
- The use is entirely at the risk, responsibility and peril of the User, in particular the Crowdartist.
- The Provider and its provider in no case provides or makes any investment advice.
3.5 Blockchain Technology / Decentralized Networks and Technologies
The User, in particular the Crowdartist, expressly agrees that parts of the Service, offers, content or data of the User or functions may be fed by the Provider in part or in whole to a decentralized network (e.g. Ethereum network), blockchain or other networks. This may mean that any digital artwork is outside the control of any central party, entity or person, including the Provider, and is subject to great risk and uncertainty. We neither own nor control MetaMask, Coinbase, the Ethereum Network, your browser, or any other third-party websites, products, or services that you access, visit, or use to enable you to use the various features of the Platform. We are not liable for the actions or commissions of such third parties, nor are we liable for any damages you may incur as a result of your transactions or other interactions with such third parties. User acknowledges that your Ethereum public address will be made publicly visible when you conduct a transaction on the Platform.
- Content deposited on the Blockchain or similar decentralized technologies (Ethereum platform, etc.) (e.g. mining / minting / etc.) can no longer be modified, deleted or changed. This leads to a special responsibility and risk for the user in the case of e.g. the transmission of content in terms of rights violations, etc. The user (especially the "Crowdartist") is liable here for all damages or claims of third parties as well as against all possible damages in this context against the provider and hereby expressly releases the provider from all claims of third parties against the provider.
- The use and application of services or digital art projects such as this one, which are based in whole or in part on cryptographic values, -coins, -currencies or -technologies (such as here e.g. Ethereum; ethereum.org) entails a real risk of a total loss of all invested values or efforts. To this end, the user is fully aware, bears the risk voluntarily with the use of the service and indemnifies the provider from claims, including third parties. A liability due to gross intent of the provider remains unaffected. The provider expressly points out that this list only covers parts of the existing risks.
3.6 Further risks
- that the service may be discontinued, extended or changed in whole or in part by the provider for technical or legal reasons - the user indemnifies the provider against all claims, including those of third parties, in this regard.
- further risks according to changes of laws, technologies or independent changes of personal situations of the user. The provider explicitly points out to the user that an independent and permanent risk analysis for his actions, his values, his property and his person must be carried out continuously during the use of the service or offers of the provider. The user confirms this by using the service.
The provider expressly points out that users (all user groups) are prohibited from using the service and this offer in the context of critical infrastructure. No guarantee of success is given, expressed or implied by the provider in the context of the use of this service or services of the provider.
The offer "TheKingsNFT" is explicitly directed in the context of artistic freedom and the artistic property to ALL people so that all personal formulations women, men, diverse people, people of all denominations, nationalities, with or without disabilities or similar equally includes. The provider and the artist collective SONICRARE we stand for diversity, equality and peace and feel committed to all people, the environment and our planet. If you have any comments, criticism, praise or suggestions for improvement, please contact us at any time. In this context, please also note our upload conditions for content, etc. For any suggestions, critics or notice, please contact: KeAqjut\Z\etxaQ[nZlKeHPrcI]fSi^BqgHegZVkMYhmLJBtjHs\gK`@cgT`\tGhEwbC]mdegN]kGwtcia_on[usgPZsm]nhDfWpezztPTeM\yu.wz\abf`xdr[jtUb
The User, in particular the Crowdartist, expressly authorizes the Provider to use, store, process and fully utilize external services in whole or in part within the scope of this service, the provision of services listed herein, the fulfillment of the purpose of the service or offer, the purpose of the digital action art project, for marketing purposes, for the Provider's own marketing and advertising purposes, also in the case of other services of the Provider. The User, in particular the Crowdartist, hereby expressly authorizes the Provider for all data transmitted to the Provider (including personal data), content of all kinds, data and information as well as the Crowdartist artwork in particular.
Furthermore, the user, in particular the Crowdartist explicitly confirms that his transmitted content and data, in particular the Crowdartist artwork, may be adapted, changed or staged on the services listed here in whole, in part as well as at his own discretion, also used for advertising purposes, published as well as further used. Above mentioned regulations from point 5 apply to the following services of third parties - The user, in particular the crowdartist, grants the provider here free of charge all exclusive rights necessary for this and agrees to this:
a) all social media and messenger services, such as Instagram, twitter, facebook/meta, google, tiktok, discord, sandbox, forums of all kinds, youtube, decentralized networks, etc.
b) Press networks, press, forums of all kinds, etc.
c) Analytical programs, offers, search engine services, such as google, google analytics, etc.
d) Compliance databases, embargo databases as well as programs for checking digital content for violations
e) payment services such as PAYPAL, metamask, Bitpanda, ethereum network (ethereum.org), etc.
f) centralized or decentralized offers or platforms of online 3D worlds or "metaverse" worlds such as SANDBOX, DECENTALAND; Meta, etc.
The User, in particular Crowdartist, expressly confirms, authorizes and instructs the Provider to use and disclose all of its content, data and personal data transmitted and transferred to the Provider to such third party services, in particular which are connected within the scope of this Service and used by the Provider. Should the User, in particular Crowdartist have any questions in this regard or wish to receive further information, he expressly confirms that he has been explicitly informed about this possibility and that this information is transparently available via the contact to the Provider and that he will proactively contact the Provider in case of queries or ambiguities.
6.1 Formation of the contract
6.2 Term and termination of the contract
The contract has a term of 3 years and ends automatically.
The User, in particular the Crowdartist entitles and transfers to the Provider free of charge all necessary exclusive and non-exclusive rights to continue to use, utilize, fully utilize, publish, monetize, store, process his Crowdartist artwork as well as attached data even after the end of the contract for an indefinite period of time - The User, in particular the Crowdartist also grants this authorization for all further services or offers of the Provider for an indefinite period of time. The extraordinary right of termination of both sides for legal reasons remain unaffected. With termination of the service, the contract and/or termination, all rights and claims of the User and Crowdartist expire.
6.3 Special Feature in the context of the use of decentralized networks
The User, in particular the Crowdartist, with the use or with the conclusion of the contract and thus the participation in the experimental art project "TheKingsNFT", expressly agrees to an optional publication, transmission, further processing and storage, etc. of his artwork (Crowdartist artwork) in decentralized networks (e.g. Ethereum-blockchain), as NFT (none-fungible-token) or similar technologies, authorizes the Provider for this purpose and transfers to the Provider for this purpose free of charge all necessary and exclusive rights, excluding all claims.
The User expressly confirms his consent and authorization and is fully aware that the deletion or adaptation of his content, his data or data in general of files published in decentralized networks, is not or cannot be possible or impose an unreasonable effort on the Provider. Thus, the Provider is not able to remove, adapt, change or delete these publications, in particular the Crowdartist artwork and pending data, in decentralized networks even after the end of the contract or in case of termination of the contract. The User, in particular the Crowdartist, confirms that he/she has understood this and that he/she instructs the Provider to do so, indemnifies the Provider from all claims on his/her part and on the part of third parties and bears and accepts this risk of his/her own free will. The User hereby releases the Provider from all claims.
6.4 Waiver of the right of return and the right of revocation
The offer, the art project or the service "TheKingsNFT" includes services whose price depends on fluctuations of the crypto value Ethereum (exchange index on www.coinmarketcap.com), on which the Provider has no influence and which may occur within the revocation period or will at the present discretion. For this reason, as well as other natural reasons arising from the nature of the service, there is no right of withdrawal of the consumer due to statutory exemption provision (§ 312g para. 2 No. 8 BGB, German law), even for distance contracts with consumers. The order of the user (in particular Crowdartist) therefore becomes binding immediately by successful upload of the Crowdartist artwork and can no longer be revoked by the user/Crowdartist.
The User/Crowdartist here expressly agrees and authorizes the Provider to immediately execute the Service or functions.
The user/crowdartist expressly agrees that the provider begins with the execution of the contract before the expiration of the revocation period and understands and expressly confirms that he loses his right of revocation by his consent with the beginning of the execution of the contract by the provider! Should it nevertheless come to a justified claim for return, the user explicitly agrees as a precaution and explicitly authorizes the provider that the latter can carry out the refund of the price / the paid amount or the claim at its own and free discretion either in EURO (€) or in the crypto value Ethereum (1ETH, ethereum.org). For the transfer or transmission, the User must immediately provide the Provider with his/her own/personal bank details or the Ethereum wallet recipient address in writing by mail, stating his/her complete personal data and address. From the receipt of this data from the user/crowdartist, the provider has 40 days to check the refund claim and then implement the refund claim by means of transfer/transfer.
By clicking on the "Buy now (charges apply)"-button during "checkout" after creation of the plot and proceeding with the participation, the "Crowdartist" understand and explicitly confirms, that he aggree to the early fulfillment of this particular transaction - Thus, the Crowdartist forgo explicitly my right of withdrawal of the contract under section 11 FAGG. The Crowdartist explicitly request and agree that the commissioned service be commenced before the expiry of the withdrawal period.The Crowdartist explicitly knows that his/her right of withdrawal expires upon complete fulfillment of the contract and that, in the event that the services to be provided have not yet been fully performed at the time of withdrawal, he/she must pay an appropriate amount corresponding to the proportion of the services already provided up to the time of the provider's notification of the exercise of the right of withdrawal in comparison to the total scope of the services provided for in the contract.
If you have any questions about these terms of payment, if you have any open questions or if any points are not clear to you, you can reach us at any time at: GKjfpCbFaOyHWHhdJhTeeZeob\HJsBkQT@K]bHstHhjkXINEeSARtkAKidRoM_NnQcMgFwDKmsIBu_GtnxsbqgUHf]ytv`.PKOyaGsroTRuFSto
7.1 Means of payment & methods of payment
In general, the user, especially the Crowdartist, agrees to a comprehensive credit check, also by adding third party providers such as SCHUFA. Within the scope of this offer, the Provider offers the User, in particular Crowdartist the following payment methods:
The Provider explicitly points out to the User, in particular Crowdartist, and the User, in particular Crowdartist explicitly agrees that depending on the selected payment method/technology, an assignment of receivables in favor of a third party payment provider takes place.
The Provider is entitled at any time to freely choose, change or terminate offered payment methods (e.g. in EURO, other currencies or Ethereum or other cryptocurrencies) without giving reasons or prior information to the User (Crowdartist) or consent by the User (Crowdartist).
7.2 Due dates / time of payment
All payments are due upon completion of the order as well as one-time upload of the Crowdartist artwork on the respective "plot" uploaded by the User (Crowdartist) and are immediately due for payment and the payment process is carried out according to these terms. For both payment methods according to 7.1 a) and b), your Paypal account, credit card, bank account or corresponding wallet (Ethereum) will be debited immediately and the amount will be credited to the provider according to the payment provider/type.
The user, in particular Crowdartist is explicitly informed that with the use of the payment methods offered in 7.2. further fees may be incurred by third party providers, bank charges or other fees. Here, the user, especially Crowdartist explicitly agrees to bear these themselves and indemnifies the provider from all costs, claims or fees. Details on fees according to the selected payment method can be found at www.metamask.io, ethereum.org, etherscan.io, paypal.com and your respective bank or credit card provider.
The User/Crowdartist expressly acknowledges and agrees that he/she shall pay and bear in full all fees and other costs for the use of the respective selected payment method (of the respective external payment provider) according to its payment terms and prices (e.g. paypal, metamask, bank fees, credit card fees, etc.). The User/Crowdartist hereby indemnifies the Provider against all third party claims and ensures that the full price/amount is received by the Provider according to the pricing of the service or product on "thekingsnft.art" or price information by the provider.
7.4 Payments & special note on payment with Ethereum.
For the participation or use of the service as a crowdartist and thus the commissioning of the provider with the services and services according to point 2, etc., the price according to the information on the website or in the offer or in the payment process in Ethereum (1 ETH, ethereum.org) is agreed between the crowdartist/user and the provider. The User, in particular the Crowdartist, hereby expressly agrees to this special payment method within the framework of the artistic claim and basis of the digital and experimental action art project "TheKingsNFT" (www.thekingsnft.art).
The provider reserves the right to offer additional payment methods or to change or remove existing offers at any time.
The amount to be paid may be subject to massive fluctuations in value in relation to its own country-specific currency (see details e.g.: at coinmarketcap.com, etherscan.io). The value of this amount to be paid depends on the current "exchange rate" or current circulating value of the crypto value "Ethereum" as well as the selected payment method of the user. In the case of payments, external fees or further costs of these third-party offers or networks may occur within the scope of the use of the respective payment system (third-party provider, paypal, decentralized networks, metamask, exchanges), which the User/Crowdartist must bear entirely himself. The User/Crowdartist indemnifies the Provider from all claims, in particular claims for compensation in the use of external offers or networks in the processing of the payment.
If a payment settlement is based on a conversion between crypto values (e.g. Ethereum) and real currency (e.g. EURO), the User/Crowdartist expressly authorizes the Provider to calculate the price to the best of his knowledge and belief according to the current available exchange rate of one Ethereum to € in an automated manner via common online platforms and to use the payment value calculated in this way in the payment settlement.
The provider again points out that the use as well as in particular the "payment" with crypto values, currencies or coins is subject to extreme volatilities and further massive risks. The User/Crowdartist is fully aware of this risk and consciously and fully assumes this risk.
The Provider is entitled to change or adjust the price/amount for chargeable services at any time without prior notice or indication of reasons - the publication on the website of the offer is sufficient here.
Among other things, based on international money laundering laws as well as the internal compliance obligation of the provider, each user, in particular Crowdartist is only allowed to purchase spaces, which in total value and according to the current daily exchange rate do not exceed a total value of € 8000 (EUR).
According to the provisions from these GTC for customers, the (partial) refund of an online payment is only possible if the order cannot be delivered (in full). The refund is always made to the account or by means of the payment method from which the payment was made.
The user (all user groups) expressly confirms that no payments from US bank accounts or values related to or originating from US bank accounts or values will be transmitted and used for payment.
The user (participating Crowdartist) expressly understands and confirms that all participation fees (costs) apply only to the one-time upload function (paid service) of his own participating digital artwork. In the event that the uploaded file does not comply with the "Upload Terms and Conditions" or these GTC according to all of the Provider's assessment and evaluation, the participation fees (costs) will not be refunded to the User (Participating Crowdartist), as the service is fully fulfilled by the Provider through the upload. By participating, the user (participating crowdartist) confirms this explicitly and explicitly and releases the provider from all claims on his part. Should the Provider in any case nevertheless be forced to refund the participation fee (e.g. Ethereum, FIAT currency, Euro, Dollar, etc.), the User (Participating Crowdartist) shall bear all associated costs or fees of such refund. This applies in particular, but not exclusively, to the recovery of paid Ethereum - in which case the Provider will provide the User (Participating Crowdartist) with a collection solution to recover its refundable Ethereum - in which case the User (Participating Crowdartist) will have to pay and bear all possible fees (gas fees, etc.) at its own expense. The User (Participating Crowdartist) expressly acknowledges that the Provider is free to choose the form of refund at its sole discretion - this means either in Ethereum or in Euro currency or any other FIAT currency to the payment details (paypal or wallet) provided by the Customer during the order process. Please also consider all terms & conditions set out in § 6 of this GTC.
As part of the artistic nature of the service, the price for a plot varies, as it corresponds to the current daily price of the digital asset Ethereum (ETH) used by the provider. The real price in FIAT (e.g. euro, dollar, etc.) thus varies regularly and is subject to sometimes severe fluctuations. The price is deemed to be the information provided as part of the participation process / order process on the provider's website. The user / crowdartist explicitly agrees here and clearly recognizes these fluctuations and discrepancies.
The User/Crowdartist expressly entitles the Provider and expressly agrees that the Provider may, without notification or prior notice, charge different, different, higher or lower prices for different Users/Crowdartist (e.g. according to the origin / country code of the User/Crowdartist) for the same services, same services or same products of this service "TheKingsNFT" and related services (e.g. upload possibility, etc.) and an inequality may arise here - in this context the User/Crowdartist indemnifies the Provider from all possible claims and expressly agrees to this fact. Different prices occur for example in the context of the explicit artistic property of the digital action art project and different internal organisational processes of the provider.
The following rules and conditions apply to all types of content, data, information, details, payment data, files and in particular Crowdartist artwork, which the User, in particular the Crowdartist transmits or transfers to the Provider in all forms, in particular via provided uploads or the specification in input masks on offers of the Provider as well as for the transmission to offers of third parties.
The User, in particular the Crowdartist, is fully liable for damages of any kind incurred by the Provider as a result of this transmission or transfer and must compensate the Provider for any damages incurred. If transmitted or transferred content, data, information, details, payment data, files and in particular Crowdartist artwork of any kind contradict these upload conditions in whole or in part at the sole discretion of the provider or do not fully comply with them (even subsequently), this will result in the immediate exclusion of the user, especially Crowdartist, from services of the Provider and this offer - this may result in an extraordinary termination and immediate deletion of all content, data, information, details, payment data, files and especially Crowdartist artwork at the discretion of the Provider, with exclusion of all claims or claims for compensation of the User / Crowdartist. The User/Crowdartist expressly confirms and acknowledges that no claims, in particular claims for compensation, arise from this (e.g. no refund of payments made, etc.).
8.1 All content, data, information, details, payment data, files, personal data and especially "Crowdartist artwork" transmitted and transferred to the Provider by the User/Crowdartist must fully and verifiably comply with the following characteristics and rules.
The User, in particular Crowdartist expressly confirms that all content, data, information, details, payment data, files, personal data and in particular "Crowdartist artwork" transmitted and transferred to the Provider,
- are truthful, accurate, complete, current and correct and have not been adapted or altered for the purpose of concealment
- reflect and reflect the unique and own identity of the user / crowdartist
- a direct and personal contact with the user / Crowdartists is possible at any time
- do not violate or interfere with any rights of third parties, in particular personal rights, trademark rights, copyrights or other rights of any kind or there are indications of such rights
- do not offend common decency and/or contain offensive, erotic, sexist, inhuman or pornographic content
- have no religious content or offend religious feelings of any kind
- do not contain racist, political or discriminatory content
- contain obscene, profane, abusive, threatening, invasive of privacy, misleading, discriminatory or fraudulent content
- do not contain any other content with the aim of harming third parties or the provider
- do not contain content with inferior quality characteristics of any kind, especially from an artistic perspective
- do not disturb, interfere with, read out or damage the provider's technical systems in terms of type and technical implementation, or if this is theoretically possible
- do not contain or risk Trojans, viruses or other technical risks for the provider or its technical or administrative systems
- do not contain any logos, trademarks, patents or images that are subject to the rights of third parties of any kind
- do not violate any laws, international embargoes or regulations
- do not originate from or are the work of any country, group or individual listed or named on any current embargo lists or embargo decisions of the European Union, Switzerland and/or the United States.
- do not contain images of minors (under 21 years of age) in whole or in part
- do not violate any rights of any kind
The user, in particular Crowdartist, is fully and explicitly liable for all damages or claims of any kind (including third parties) which arise for the provider from the transmitted and transferred content, data, information, details, payment data, files, personal data and in particular "Crowdartist artwork", to the fullest extent and exempts the provider here from all claims (including third parties). The User, in particular the Crowdartist, undertakes, in the event of a culpable violation of the above obligations, to reimburse the Provider for the resulting damage and to indemnify and hold the Provider harmless from all claims of third parties.
8.2 Additional upload conditions for "Crowdartist artwork All "Crowdartist artworks" transmitted and transferred to the Provider by the Crowdartist, among others, in the context of participation must completely and verifiably comply with all regulations, characteristics and requirements from point 8.1. as well as the following characteristics and rules. The User, in particular Crowdartist expressly confirms and assures the Provider that all "Crowdartist artwork" (transmitted work) and content additionally transmitted and transferred to the Provider:
- completely (100%) self and independently by the Crowdartist/User artistically conceptualized, created and designed and it is based on his own personal intellectual creations as well as according to standards and characteristics of an under the freedom of art legislation of the Federal Republic of Germany and the European Union.
- does not contain any rights or claims of third parties
- does not include or carry any rights of any kind which have already been passed on to third parties, etc. in whole or in part
- are free of any third party rights, in particular that third parties cannot assert any claims against the use of these transmitted works or contents, whether based on copyright, design right or other rights. The User, in particular Crowdartist, guarantees that it has not already disposed of or will not otherwise dispose of - for its own use or for the use of third parties - the rights which it grants or must grant/transfer with transmission, commissioning and participation in the Service.
- have an artistic quality, which includes a comprehensive artistic performance by the Crowdartist
- does not contain any religious signs or elements or this illustration could hurt religious feelings.
- has been entirely recreated by the crowdartist himself and entirely through his own creative, artistic, conceptual and craft artistic work / creation.
- completely fulfill the technical requirements and prerequisites for digital format, resolution, quality, file type and size according to the provider's specifications
- does not contain faces of still living private persons, existing brands, company names or other contents, which are subject to rights of third parties or there are indications for this.
- does not violate any personal rights, trademark rights, copyrights or other rights of third parties, could obviously violate them or there could be justified or unclarified doubts about them
- does not contain any rights (in whole or in part) of third parties or with the transmission, participation as well as with use of services of the provider violates, touches or justified doubts could exist
- does not contain any performance or artistic achievement, work, contents or values of third parties
- has not been otherwise published in any manner, format or form or made available or viewable to the public, collectors or other interested parties.
The user, in particular Crowdartist further expressly confirms that
- Crowdartist solely holds all rights to the Crowdartist Artwork (Submitted Work) submitted and transferred to the Provider
- transfers all rights exclusively and free of charge to the provider with upload or technical transfer / transmission to the provider
- the Crowdartist artwork (transmitted work) is digital
Politically exposed persons (according to §2, para. 6 of the FM-GwG), business owners or shareholders of politically exposed persons, family members of politically exposed persons as well as persons known to be close to politically exposed persons, are prohibited from participating in the Service due to legal reasons.
8.3 Exemption of the Provider by the Crowdartist & Adjustments
The user, in particular Crowdartist, is fully and explicitly liable for all damages or claims of any kind (including third parties) which arise for the provider from the transmitted and transferred content, data, information, details, payment data, files, personal data and in particular "Crowdartist artwork", to the fullest extent and indemnifies the provider here from all claims (including third parties). The User, in particular the Crowdartist, undertakes, in the event of a culpable infringement of the above obligations, to reimburse the Provider for the resulting damage and to indemnify and hold the Provider harmless from all third party claims.
The User/Crowdartist expressly authorizes the Provider to make graphic adjustments to the form, quality, formatting, format-related conversion and cutting of the "digital work" at any time. The Crowdartist confirms and is aware that due to technical reasons as well as reasons of coloration the real view of his "digital work" may deviate - a claim for compensation or an explicit right of return does not result from this. The user/crowdartist is obliged to mark advertising content as such according to the applicable legal regulations.
The provider reserves the right to remove content at his own discretion and without prior notice, especially if and as far as it violates legal regulations, morality, rights of third parties or these GTC. The user, in particular Crowdartist, acknowledges and expressly agrees that in the context of participation and use, publication or further processing, etc., the Crowdartist artwork (transmitted work) may be adapted, tailored or used and changed at any time by the provider in the sense of a purposeful use in the context of offers of all kinds of the provider.
The User/Crowdartist expressly authorizes and expressly agrees that the Provider may, in its sole and absolute discretion and at its sole and absolute discretion, modify, change and adapt the submitted and transfered "Crowdartist Artwork", in part or in whole - this applies in particular, if the Provider solely decides that parts or portions of the "Crowdartist Artwork" do not comply with the Uploadconditions and this General Terms & Conditions (GTC) - in doing so, the user/Crowdartist expressly authorizes the Provider, at its sole discretion and without notice or notification, to modify the "Crowdartist Artwork" (e.g. e.g. by blackening, pixelating, etc.) and to publish it in this way - the service of the Provider shall nevertheless be deemed to have been rendered in full - the user/Crowdartist expressly confirms this and indemnifies the Provider against all claims on his part in this connection.
9.1 The User, in particular the Crowdartist, expressly confirms with participation, commissioning or transmission of content (Crowdartist artwork, transmitted works, content/data of any kind, etc.) that he is the sole creator of the entire work or content transmitted to the Provider. This also applies to all parts, components and/or contents of the transmitted works or contents.
9.2 The user, in particular the Crowdartist confirms with participation, commissioning or transmission of content (e.g. Crowdartist artwork, transmitted works, content/data of any kind, etc.) explicitly that works or content created and transmitted by him are free of third party rights, in particular that third parties cannot assert any claims against the use of these transmitted works or content, whether based on copyright or design law or other rights. The User, in particular Crowdartist, guarantees that it has not already disposed of or will not otherwise dispose of - for its own or third party use - the rights that it grants or must grant/transfer with transmission, commissioning and participation in the Service.
9.3 With the commissioning, participation and payment of the agreed fee, the User (esp. the Crowdartist) expressly grants the Provider the exclusive, transferable, perpetual, irrevocable and spatially as well as content-wise unrestricted rights of use to all works or content (in particular the Crowdartist artwork) transmitted in accordance with the commissioning, participation. The granting of rights of use includes the right of reproduction, the right of distribution, the right of exhibition, the right of lecture, performance and presentation, the right of public access (in particular the Internet), the broadcasting right, the right of reproduction on visual and audio media and the right of reproduction of radio broadcasts and of public access; as well as the editing right, i.e. the right to edit the transmitted work or content. i.e. the right to edit the transmitted work or content (Crowdartist artwork, transmitted works, content/data of any kind, etc.) in whole or in part or to have it edited by third parties, in particular to make changes or adjustments to it.
In particular, this includes the following rights and types of use:
a) the right to load, run and display the transmitted work or content (Crowdartist artwork, transmitted works, content/data of all kinds, etc.) on any number of computers, including web servers of the Client or a service provider designated by the Client (host provider), to reproduce, transfer and store it there;
b) the right to reproduce the transmitted work or content (Crowdartist artwork, transmitted work, content/data of any kind, etc.) on any storage media, in particular using the storage media CD-ROM, e-book, DVD, floppy disk, hard disk, and to place it on the market under any name, to distribute it against payment or free of charge via all known distribution channels (in particular wholesale and retail, online stores, eCommerce platforms and direct marketing channels) and to rent it to third parties;
c) the right to feed the transmitted work or content (Crowdartist artwork, transmitted works, content/data of any kind, etc.) into any electronic communication networks (for example Internet, World Wide Web, online services, email, mobile networks) and online databases, to store it there temporarily or permanently and to keep it available for use by the public and members of closed user groups and to display it publicly;
d) the right to use the transmitted work or content (Crowdartist artwork, transmitted works, content/data of any kind, etc.) for a fee or free of charge. ) against payment or free of charge via all wired and wireless, digital and analog transmission and retrieval methods and routes, in particular via cable, radio, fixed and mobile satellite networks and microwaves of all and using all protocols and languages to the public and members of closed user groups - also on demand from locations and at times of their choice - simultaneously or successively for the purpose of use, to make it available, to broadcast it and to transmit it to them on any terminal devices (e.g. PC, PDA, mobile phones, etc.). e.g. PC, PDA, cell phones, TV sets) - also for the purpose of storage and interactive use;
e) the right to connect the transmitted work or content (Crowdartist artwork, transmitted works, content/data of any kind, etc.) with other works and services of the Client and third parties (e.g. with "proprietary" and "free" software, databases, websites and content) and to use these connections in accordance with this provision;
f) the right to advertise the submitted work or content (Crowdartist artwork, submitted works, content/data of any kind, etc.) and its use in all media online and offline.
g) the right to irrevocably transfer the transmitted work or content (Crowdartist artwork, transmitted works, content/data of all kinds, etc.) to decentralized networks against payment or free of charge and to irrevocably process, store and publish it there in accordance with the type of decentralized third network.
9.4 Furthermore, the User, in particular the Crowdartist, expressly transfers ownership of the transmitted works or content (Crowdartist artwork) to the Provider. For the avoidance of doubt, the User/Crowdartist expressly agrees to a resale of the transmitted work or content (Crowdartist Artwork) and a transfer of the granted rights.
9.6 The User, in particular the Crowdartist confirms that he will not create, reproduce, distribute, exhibit, perform, present, make publicly available or otherwise make available in an incorporeal form the transmitted work or content (Crowdartist artwork), neither in whole nor in part, to third parties.
9.7 The Provider is not obligated to explicitly mention the name or details of the Crowdartist as author or designer.
9.8 The User, especially the Crowdartist, is obliged to compensate the Provider for any damage caused in case of a culpable violation of the above mentioned obligations and to indemnify and hold the Provider harmless from any claims of third parties.
9.9 By submitting content and files (Crowdartist artwork, submitted works, content/data of any kind, etc.), the User, in particular the Crowdartist, confirms that he/she has understood all points of this Agreement and is authorized to enter into and effectively conclude the above obligations and this "GTC" in general.
Within the scope of the Service, the Provider offers a platform for handling, offering and processing digital art as part of the digital experimental action art project. However, in this regard, the Provider is never the owner or custodian of these digital artworks or Crowdartist artworks. The User, in particular Crowdartist, understands and acknowledges that parts of the Service are subject to possible use of smart-contracts or technologies and functions of the Ethereum network (www.ethereum.org). The User, in particular Crowdartist, confirms that it is aware and acknowledges that the Provider is not a custodial service provider or a corresponding platform. Furthermore, the Provider cannot provide any guarantees or assurances for any qualities or artistic results, etc. within the scope of use.
For clarification, any proposed services or functions, expressly do not constitute fiduciary property or fiduciary services. The Provider shall never act in a fiduciary capacity or as a trustee and thus shall not be subject to the Fiduciary Agreement.
All content published on and created by the provider's online services is subject to copyright and database rights. Reproduction of the website in whole or in part, including copying of text, graphics, trademarks or designs, is expressly prohibited. Any use of any content requires the prior written, explicit and detailed consent of the provider.
The other rules of this GTC apply to the copyright rules of attached works, content or the Crowdartist artwork.
The User, in particular the Crowdartist, expressly confirms and warrants that he/she has never otherwise alienated, sold, otherwise transferred rights of any kind, or published in other decentralized networks, databases or online offerings, sold as NFT, dropped, exhibited or resold the submitted and/or participating Crowdartist Artwork (Submitted Work) in whole, in part or modified.
The User, in particular the Crowdartist, expressly confirms and warrants that it will never alienate, sell, otherwise transfer rights of any kind, or publish in other decentralized networks, databases or online offerings, sell, drop, exhibit, resell or otherwise in any way publish the submitted and/or participating Crowdartist Artwork (Submitted Work) in whole, in part or modified.
With the complete or partial use of online offers, the internet pages or the offer/service "TheKingsNFT" or connected offers of the provider, the user (in particular Crowdartist) as well as visitors expressly and without restriction confirm:
- these Terms & Conditions ("GTC") as well as pending rules
- the upload terms and conditions (see point 8, etc.)
- that he/she is of full legal age, at least 21 years old and fully capable of contracting in accordance with the personal country regulations
- is not in a lucid state of mind and has not consumed alcohol or drugs at the time of using or commissioning services
- is comprehensively, sustainably, professionally versed and detailed in all functional, user and technical areas of "NFT" technologies (Non fungible Token), the NFT art sector, the function of common NFT platforms, smart contracts, the pending risks, crypto wallets, the terms and functions public key/ hash / privatekey, fees, crypto transactions, token transactions, transactions of crypto values or "coins", DLT technologies, bitcoin, minting, Ethereum, IT, payments with and function of crypto values (especially Ethereum - www. ethereum.org) as well as the Ethereum network, risks with crypto values as well as this new technology, the use/function/risks of METAMASK or PAYPAL fully knows and has already gained extensive and long-term experience in the practical use as well as all these areas successfully and without loss.
- that he is a part-time or full-time artist
- that he has already exhibited as an artist in galleries or to the public or is well known in the art-ecosystem
- that the provider is fully entitled to pass on, process and use all transmitted content, data, in particular personal data, as well as digital connection data of the user (in particular Crowdartist) to third party providers/third parties, such as collection agencies, database providers, official "denied party lists" checkers, embargo check sites, anti-terror list databases, as well as within the framework of a comprehensive compliance management of the provider, for verification purposes.
- That the Provider is fully authorized and explicitly instructed by the User to transmit all data for the processing of payments to external payment/or transaction providers, in particular METAMASK, the Ethereum network or PAYPAL
- that no sanctions or embargoes or ongoing proceedings concerning his person or parties pending to Crowdartist/User exist or are knowingly being checked or that no listing according to EU/US or other anti-terror or embargo lists exists.
- transmitted crypto assets (especially in case of "payments") come from fully legal, ethical, own and fully taxed income and legal sources. In this context, the user explicitly agrees to the verification and, in this context, to a transfer of the data/personal data to third parties by the provider (third party vicarious agents, etc.).
- that he/she is not a politically exposed person (according to §2, para. 6 of the FM-GwG), a business owner or shareholder of politically exposed persons, a family member of politically exposed persons or a known close person of politically exposed persons.
- that the use of the service and offer does not cause any damage or special liability risk to the provider
- the offer and the participation do not represent any investment recommendation, profit guarantee, investment strategy or investment on the part of the provider.
- the offer and participation in no way constitutes an evaluation by the provider of the sustainability or future viability of the use of NFT art, NFTs or decentralized networks, such as Ethereum.
- the User is entitled to use the Service only if he has full, long-standing and technical specialized knowledge and experience in dealing with crypto assets, the crypto technologies, the Ethereum network and all its applications, blockchain applications, payment with crypto assets, Metamask, Paypal, dealing with wallets, etc.
- That content, data, works or personal data of the user (all user groups) published within the scope of the service in decentralized networks can no longer be deleted or modified for technological reasons
- that he has sufficient financial surplus means, so that a participation in the service/offer and a possible total loss does not demand any existential or other disadvantages for his person, family or parties/interested persons connected with the user or any risk arises thereby
- That he is fully authorized, in accordance with the legislation applicable to his person, to use and employ cryptocurrencies or assets (e.g. Ethereum, etc,) and to use METAMASK and PAYPAL.
Further Regulations & obligations:
- By using the Offer, the User, Visitor and Crowdartist explicitly acknowledge that this is an experimental Digital Art Installation, which is subject to discretionary functionality and artistic functional freedom under the freedom of the arts.
The User (All User Groups) explicitly agrees to this and the associated leeway.
- The user (all user groups) agrees to German law and, by way of exception, to the European legal system.
- The user (all user groups) acknowledges that services can not take place in whole or in part for technical or legal reasons by the provider and or must be discontinued or changed in whole or in part - to this the user (all user groups) explicitly agrees.
- That the user / crowdartist is aware that after dropping the NFT and thus the transmission into the Ethereum network, the provider no longer has the possibility to influence, delete or change content. The participating artist (Crowdartists) is fully liable for all damages or claims of third parties as well as any damages for the other participating artists (Crowdartists) involved.
The User, Visitor and/or Crowdartist indemnifies the Provider in this context of the above-mentioned points from all claims of third parties and his person and is liable for all damages incurred by the Provider as a result.
The user, visitor and Crowdartist explicitly agree that their data, address and e-mail address transmitted to the provider will be passed on and processed by the provider and that the provider will send information about similar products, related market developments and exclusive offers or promotions by e-mail or post. The user (all user groups) expressly agrees that the provider may use and process transmitted e-mail addresses or personal data for the sending of electronic mail, print mailings, etc., and information for consulting and advertising for the provider's own similar offers. The user, visitor and Crowdartist can object to this disclosure and consent to use at any time in writing using the contact details in the imprint.
Users from the United States are not allowed to use this service or related services. (The provider is personaly very sorry about this ...)
The Provider does not guarantee the accuracy and timeliness of the data, content or Crowdartist artwork that Users, in particular Crowdartists) post to the Service or the Provider's databases. The Provider guarantees at least 80% availability of the view of the participating Crowdartist artworks on a monthly average - the limited or suspended accessibility of the service due to the implementation of necessary maintenance work, technical changes or improvements remains unaffected. In general, the Provider is exempt from the performance-obligation in cases of force majeure. Force majeure shall be all unforeseen events as well as events whose effects on the performance of the contract are not the responsibility of either party. These events of force majeure include all results which are valid according to German and European jurisdiction.
The User, in particular the Crowdartist, indemnifies the Provider against all claims asserted by third parties against the Provider due to the infringement of their rights by his transmitted artwork or other files or due to the User's other use of the Service. In this regard, the User shall also assume the costs of the necessary legal defense by the Provider, including all court and attorney's fees. This does not apply if and to the extent that the User is not responsible for the infringement. For expected damages or claims on the part of the Provider to the User (all user groups), the User expressly authorizes the Provider to retain any values of any kind arising, incurred or present on the part of the User (all user groups) and to use them for final claims for damages until clarification.
The data, content and works published on the part of the provider have been published and compiled with the utmost care. Nevertheless, neither the provider nor its suppliers, providers of associated services or other providers can guarantee the accuracy. Note: The provider is not responsible for the content of external pages or online offers to which reference is made within the framework of this offer, service or online offer and rejects any liability for their content. All rights reserved. Reproduction, use or modification in whole or in part is prohibited without the express and detailed written permission of the provider.
For damages incurred by the user (all user groups) in connection with the use of this service or offer or its service providers, subcontractors or associated services, the provider is liable only in case of intent or gross negligence in accordance with German legislation and German law. In the event of a slightly negligent breach of material contractual obligations, the Provider's liability for material and financial damages attributable thereto shall be limited to the amount of the foreseeable, typically occurring damage. Any further liability for damages is excluded except for claims under German law. In any case, German law applies - the user (all user groups) here expressly agrees to German law to the exclusion of other law, in particular national law of his personal origin or affiliation. A possible pending contributory negligence of the user (all user groups) is to be considered in any case. The Provider shall in no event be liable for any tax liabilities, levies or other charges in connection with the benefits, perks or payouts of Rewards and other payouts to the Users, in particular Crowdartists.
Should individual provisions of this GTC be invalid or ineffective, the remaining provisions shall remain valid unchanged. In the event of such invalidity or ineffectiveness of a provision, this contractual relationship shall be based on a provision that comes closest to the original provision in terms of its objective.
German law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
The Service is subject to the special rights of artistic freedom as defined by German law.
The place of jurisdiction shall be the registered office of the Provider "Munich" and in case of non-jurisdiction alternatively "Frankfurt" and shall be expressly recognized by the User.
The same applies in the event that the user (all user groups) moves his residence abroad after conclusion of the contract or does not have a general place of jurisdiction in Germany.
If you have any questions about these General Terms & Conditions (GTC) or if any of the contents and provisions of these GTC are unclear to you, you are obliged to contact the provider to resolve this ambiguity in order to understand these GTC clearly and completely.
With the transmission of content and files as well as the partial or integral use, the User (all User Groups), in particular the Crowdartist, confirms that he/she has fully understood all points of this Agreement and is authorized to enter into, acknowledge and effectively conclude the above obligations as well as this GTC in general.
All trademarks, brand names or company names, etc. mentioned, displayed or linked on this website, this GTC and this service of the provider are protected by the copyright or other rights and owned by the named party, such as facebook (meta), twitter, sandbox, instagram, etc. The User understand and confirm this external copyrights of those parties.
Parts translated with Deepl.com (thanks buddies)
© 2022-2023 KICKNODE GmbH, Germany/Europe
Last update: 04/04/2022
If you have questions about this DATA PROTECTION CONDITIONS, please contact us at any time: LUmspQiSODrFIrDdiyvo]zaYz_RHlHcx]yoVmaA[EdaRGeCgBEYPvnisdjxHEokT]@D^wsGt_RqhoGeOhfkNwQViasnddXhYgTsvFSund`wfbUtPl.Ys\qaakrrsp[[xtqEp
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the KICKNODE GmbH (provider, see imprint). The use of the Internet pages of the KICKNODE GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (EU - GDPR), and in accordance with the country-specific data protection regulations applicable to the KICKNODE GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the KICKNODE GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the KICKNODE GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
qubqmPqQlgSLPaQoQFnwGuAheuQZPgKGpfgwwigeuXQnEra wySMt^crdaFiGisnbsEoTJXseil Mcm4IJbKb7wgVVAddtwa]
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
The website of the KICKNODE GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the KICKNODE GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the KICKNODE GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
On the website of the KICKNODE GmbH, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The KICKNODE GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter of the KICKNODE GmbH contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the KICKNODE GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The KICKNODE GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.
The website of the KICKNODE GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
The KICKNODE GmbH offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.
If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user's (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defense of the data controller.
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organization’s;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the KICKNODE GmbH, he or she may, at any time, contact any employee of the controller. An employee of KICKNODE GmbH shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of the KICKNODE GmbH will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the KICKNODE GmbH, he or she may at any time contact any employee of the controller. The employee of the KICKNODE GmbH will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the KICKNODE GmbH.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The KICKNODE GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If the KICKNODE GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the KICKNODE GmbH to the processing for direct marketing purposes, the KICKNODE GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the KICKNODE GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the KICKNODE GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the KICKNODE GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the KICKNODE GmbH.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the KICKNODE GmbH.
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
As a responsible company, we do not use automatic decision-making or profiling.
German data protection law applies.
If you have questions about this DATA PROTECTION CONDITIONS or do you need information about your personal data, please contact us at any time: DsITupktTkMrSViniv[XTAKXLuav\pkpc\yLX\d_DTez[sfscAkCVC^l@cABStP\uRo^[lhtKTeX\DIkjYPi\orfnVDXgXursgmDr\QRnDKxLnwKfvTtUh.FazAzOEGvhrYM^QCtsxCv
TheKINGSNFT - everybody is an artist!