General terms of use for NFTZOOMER
NFTZOOMER Franz-Mehring-Str. 15, 01237 Dresden offers technical solutions in the area of hosting NFT images for exhibition and viewing purposes at the Internet address www.nftzoomer.com (hereinafter “NFTZOOMER service”).
The Website is provided solely for informational purposes and should not be used as a basis for any investment or other purpose.
You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.
1. Scope
1.1. These General Terms and Conditions (GTC) apply to your use of the NFTZOOMER website.
1.2. NFTZOOMER's offer is aimed at both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Use, account
2.1. The basic use of NFTZOOMER is free of charge. Featured and promotional spots are fee-based and require additional contractual agreements.
2.2. In order to set up a user account, it is necessary to provide personal data. You are obliged to provide all information correctly. We would like to point out that the email address you provided will be used by us for contractual correspondence and statements.
3. NFTZOOMER / NFT image hosting services
3.1 NFTZOOMER provides you with system resources on a virtual server. You can upload and present graphic images of your NFT on this server . Your NFTs will be made available there for retrieval via the Internet
3.2 NFTZOOMER's services for the transmission of data are limited solely to data communication between the transfer point provided by NFTZOOMER of its own data communication network to the Internet and the server provided for you. NFTZOOMER cannot influence data traffic outside of its own communication network. Successful forwarding of information from or to the computer or server requesting the content is therefore not owed in this respect.
3.3 In any case, you remain the sole owner of the pictorial images of your NFT and can therefore request the surrender of individual or all of the pictorial images of your NFT at any time.
3.4 The content of the storage space intended for you will be saved by NFTZOOMER in a manner customary in the industry. You have no right to the surrender of one of the backup media, but only to the transfer of the saved content back to the NFTZOOMER server.
3.5 NFTZOOMER is entitled to adapt the hardware and software used to provide the services to the current state of the art and to use and / or change any third-party service providers. If such an adjustment results in additional requirements for the content stored by you on the server in order to guarantee the performance of NFTZOOMER's services, NFTZOOMER will inform you of these additional requirements and the planned changeover time at least four weeks in advance. You agree to decide immediately after receiving the notification whether you will meet the additional requirements and by when this will happen. You are entitled to object to the change by email at admin@nftzoomer.com. If you do not declare your objection no later than two weeks before the changeover date, your consent to the changeover and the necessary adjustments to your content will be deemed to have been given by you. If you have lodged an objection, NFTZOOMER has the right to terminate the contractual relationship with effect from the time of the changeover.
3.6. Availability
There is no entitlement to availability. NFTZOOMER aims for a total availability of 98.5% for the aforementioned services. NFTZOOMER is entitled to carry out maintenance work to a reasonable extent. The contractual services are not available during the maintenance work.
4. Granting of rights, guarantees and obligations to cooperate
4.1. You hereby grant NFTZOOMER all necessary, worldwide, non-exclusive rights for the duration of the contract, which are necessary and necessary in order to properly fulfill the service obligations assumed by NFTZOOMER in this contract towards you and third parties.
4.2. NFTZOOMER accepts this granting of rights, which in particular also relate to the image rights to all of your NFTs as well as other rights holders who were involved in the creation of the image representation of the NFT as well as to all other rights necessary for the contractual provision of services by NFTZOOMER.
4.3. The granting of rights includes in particular the following rights
a. The right to host the visual representations of your NFT and all other NFTZOOMER content provided by you (the "content") on your own servers or third-party servers, i.e. to make the content wired or wirelessly accessible to the public in a way and to reproduce it for this purpose, that it is accessible to members of the public from the places and at the times of their choosing. This includes the right to access via your own domain, an NFTZOOMER subdomain and download using all technologies and end devices, regardless of whether they are known today or in the future.
b. to make the content publicly accessible when queried via the Internet (e.g. via your own URL, an NFTZOOMER subdomain) and to reproduce it and transmit it to third parties or to grant third parties access to the content,
c. to reproduce the content for the purpose of data backup,
d. edit the content from a technical point of view, in particular with regard to encoding and to improve the image quality through technical processes yourself or through third parties,
e. to make the content accessible to third export platforms as part of the export.
4.4 The rights are only granted as a pass-through license.
4.5 You guarantee that
a. You are the sole and exclusive owner of the rights and authorizations granted in this contract and are not prevented by any other binding from entering into and performing this contract,
b. You have all rights of the participants granted to NFTZOOMER within the meaning of section 4.2. acquired in a transferable manner and, if required by the provisions of the Copyright Act, pay all participants an appropriate remuneration,
c. Your personal details in the user account (e.g. name and email address) are correct,
d. You are solely responsible for any payments to the artist social security fund in connection with the distribution and marketing of the content,
e. Hosting and making the content publicly available does not violate legal provisions (in particular copyright, trademark law, competition law, media law, civil law, advertising guidelines, youth protection laws and / or criminal laws) and does not violate the rights of any person or other third party (in particular copyrights, ancillary copyrights, trademark rights , Naming rights, general personal rights, rights to one's own image and the right to remain free from defamation and false accusations).
4.6. You are obliged and guarantee that you will not store any illegal content on the storage space provided by NFTZOOMER that violates the law, official requirements or the rights of third parties. You will ensure that the domain or NFTZOOMER subdomain you have selected, under which the content can be queried via the Internet, does not violate any laws, official requirements or the rights of third parties. You will also ensure that the content you have stored does not endanger the operation of the server or the NFTZOOMER communication network or the security and integrity of other data stored on the NFTZOOMER servers.
4.7. In the event of an imminent or actual breach of the above obligations and guarantees as well as in the assertion of not obviously unfounded claims by third parties against NFTZOOMER for failure of the (complete or partial) presentation of the content stored on the NFTZOOMER server via the Internet, NFTZOOMER is entitled to end, under taking into account your legitimate interests, the connection of this content to the Internet, in whole or in part, with immediate effect, temporarily or permanently. NFTZOOMER will inform you about this measure immediately.
4.8. If the content you have stored endangers or impairs the operation of the server or the NFTZOOMER communication network or the security and integrity of other data stored on NFTZOOMER's servers, NFTZOOMER can delete this content. If the elimination of the hazard or impairment requires this, NFTZOOMER is also entitled to interrupt the connection of the content stored on the server to the Internet. NFTZOOMER will inform you about this measure immediately.
4.9. In the event of a breach of the above-mentioned obligations and guarantees, you release NFTZOOMER from any claims by third parties, including the costs caused by the claims, upon first request. Further claims by NFTZOOMER remain unaffected.
5. Duration, termination
5.1. We and you have the right to terminate with one week's notice.
5.2. The right to extraordinary termination for good cause remains unaffected.
5.3. Any notice of termination must at least be in text form (e.g. email).
6. Liability
6.1. NFTZOOMER is liable for intent and gross negligence. Furthermore, NFTZOOMER is liable for the negligent breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance you as a contractual partner can rely. In the latter case, however, NFTZOOMER is only liable for foreseeable, contract-typical damage. NFTZOOMER is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
6.2. The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
7. Data protection
7.1. NFTZOOMER will use all personal data provided by you (e.g. name, address, e-mail address) exclusively in accordance with the provisions of European data protection law (EU).
7.2. The data required to process the contract between you and NFTZOOMER are stored by us and are accessible to you at any time.
8. Subject to change
8.1. Since we are constantly developing NFTZOOMER, it may be necessary to adapt these terms and conditions from time to time. We therefore reserve the right to change these terms and conditions with effect for the future in compliance with the procedure outlined in the following paragraphs.
8.2. At least four weeks before the planned entry into force of the new version, we will inform you of the changes by email. You have four weeks from receipt of the information to familiarize yourself with the changes. If you do not agree, you can object to the changes within this period.
8.3. If you object, the contract can be terminated by us at the end of the current term. Otherwise, i.e. if you do not object, the new version of the General Terms and Conditions shall apply from the notified date of entry into force.
8.4. In the information about the planned change, we will inform you of the objection period and the legal consequences of an objection or if the objection period has expired without objection.
8.5. Insofar as the change affects essential contractual obligations incumbent on us or you (these are obligations the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the respective other contracting party can regularly rely), the reservation of the right to make changes in accordance with Section 11.1 only applies if the change is reasonable for you, taking our interests into account. This is the case, for example, if we ensure that the conditions that apply at the time the change comes into force remain unaffected until the time at which you or we could terminate the contract, or if we have changed the law or a legally binding or provisionally enforceable court or an official decision to make the change.
9. Severability Clause
Should individual provisions of these terms and conditions be ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision will be mutually replaced by the contracting parties with a legally effective provision which comes as close as possible to the economic sense and purpose of the ineffective provision. The above regulation applies accordingly to loopholes or omissions.
10. Other
10.1. These terms and conditions are complete and conclusive. Changes and additions to these terms and conditions must be made at least in text form (e.g. e-mail) in order to avoid ambiguities or disputes between the parties about the agreed content of the contract.
10.2. In case of doubt, the German language version of the GTC takes precedence over other language versions of the GTC (e.g. English).
10.3. The law of the Federal Republic of Germany applies to the exclusion of the UN sales law.
10.4. If you had your domicile or habitual abode in Germany when the contract was concluded and either moved from Germany at the time NFTZOOMER brought the action or your domicile or habitual abode is unknown at that time, the place of jurisdiction for all disputes is the registered office of NFTZOOMER in Germany .