TERMS AND CONDITIONS

These terms and conditions ("T&C") of OREMOB UG, Stubenrauchstr. 47, 12161 Berlin, Germany ("OREMOB") apply to the use of the website oremob.io, related websites and social media channels ("ORE Platform"), in particular to the purchase and transfer of NFTs (as defined below) and to every service accessible on the ORE Platform and provided by OREMOB ("Services") to the extent that the ORE Platform and the Services refer to this T&C (the underlying agreement incorporating the T&C is herein after referred to as the "Platform Agreement").

DEFINED TERMS

In this T&C, except where set forth otherwise, the following terms shall have the following meanings:
1. "ADA" means the native cryptocurrency of the blockchain Cardano.
2. "Blockchain" means the blockchain or comparable technology named on the Website for the NFT (as defined below) offered and if nothing is stated otherwise on the ORE Platform, the blockchain Cardano.
3. "Buyer" means any natural person who submits an offer to purchase an NFT (as defined below).
4. "Consumer" means means any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed, in the sense of Section 13 of the German Civil Code (BGB).
5. "Wallet" means a means a software or other system that enables the Buyer to manage its cryptographic keys (as defined below) and the Tokens assigned to them.
6. "Artwork" means the artwork associated with the NFT (as defined below), for example a graphic or an animation, as described on the ORE Platform.
7. "NFT" means the contractual and transferable Token (as defined below) purchasable on the ORE Platform and any rights, goods or assets associated with the Token as indicated on the ORE Platform, in particular the contractual rights to and in the Artwork.
8. "Owner of the NFT" is anyone who can dispose of the NFT by means of a corresponding cryptographic key.
9. "Token" means a token on the Blockchain.
10. "Purchase Agreement" means the underlying agreement on the purchase of an NFT between OREMOB and the Buyer incorporating this T&C.
11. "Purchase Price" means the price to be paid by the Buyer to OREMOB for the NFT.
12. "User" means the visitor of the ORE Platform, user of the Services and, if applicable, Buyer of an NFT.
PURCHASE OF THE NFT
1. OREMOB offers NFTs for sale on the ORE Platform. OREMOB's offer on the ORE Platform does not yet constitute a binding offer to conclude a Purchase Agreement, but merely an invitation to submit a binding offer by the Buyer.
2. The Buyer makes such a binding offer to purchase an NFT via the ORE Platform by truthfully providing all data requested on the ORE Platform, in particular the address of his Wallet, and clicking the "Mint" button. ‌
3. Upon submission of the offer the Buyer can reserve an NFT for a limited amount of time (ten (10) to 60 minutes) as indicated on the ORE Platform in order to complete the purchase by payment of the Purchase Price. If the purchase process is not completed within this period, OREMOB will cancel the purchase process. The Buyer must initiate the purchase process again.
4. External costs (so-called "Transaction Fees") can incur for transactions via the Blockchain. These are external costs associated with the allocation of the NFT and its modification on the Blockchain, which cannot be influenced by OREMOB. The amount of the Transaction Fees can only be determined immediately before the purchase of a NFT and will be communicated in the purchase process; it may vary from purchase to purchase. Transaction Fees are the responsibility of the Buyer and are payable in addition to the Purchase Price. The Transaction Fees communicated in the ordering process are valid for ten (10) minutes; if the purchase process is not completed within this period, OREMOB will cancel the purchase process. The Buyer must then initiate the purchase process again.
5. The Buyer is obliged to pay the agreed Purchase Price as indicated on the ORE Platform. Unless otherwise stated, payment of the Purchase Price shall be made in ADA in accordance with the offer description on the ORE Platform. The Purchase Price shall become due upon submission of the offer by the Buyer in accordance with section 2.2 above. The Buyer shall transfer the Purchase Price to the wallet address of OREMOB as indicated on the ORE Platform. Unless otherwise stated, the Purchase Price shall include the respective legally applicable value added tax (VAT) on the Purchase Price.‌
6. OREMOB accepts the Buyer's offer by transferring the NFT to the Buyer's wallet address, with which OREMOB at the same time confirms the purchase. The acceptance by OREMOB is conditional upon payment of the Purchase Price in accordance with section 2.5.
7. If OREMOB rejects the Buyer's offer or if the Buyer withdraws his offer prior to the OREMOB's acceptance, OREMOB shall return to the Buyer any Purchase Price already paid to the Buyer within fourteen (14) days.
8. Unless otherwise stated on the ORE Platform, OREMOB provides the Artwork as a .GIF and in addition as a high resolution .MP4 file for download.
9. OREMOB's offer is only directed at persons who have reached the age of eighteen (18).
WALLET
1. The purchase, disposal and otherwise possible use of the NFTs via the ORE Platform requires a wallet. OREMOB does not offer or operate any wallets. The Buyer must ensure that her wallet has the necessary compatibility with the Blockchain used by the ORE Platform. Details regarding supported wallets are provided on the ORE Platform oremob.io.
2. The management of the NFT after transfer to the Wallet address of the Buyer is not part of the performance of OREMOB and is solely the responsibility of the Buyer.
3. OREMOB transfers the purchased NFT to the Buyer's Wallet address. The Wallet contains a cryptographic key with which the Buyer can dispose of his NFTs. OREMOB has no access to the cryptographic keys or Tokens of the Buyer.
4. The Buyer shall ensure that he treats the Wallet, associated passwords and access data, the cryptographic key and any recovery identifiers (seeds) (together and individually the "Wallet Access Data"), confidentially and that the Wallet Access Data, insofar as he has access to it, is secured against access by third parties by means of appropriate technical and organisational measures. The Buyer is aware that any person who has access to Wallet Access Data may misuse the wallet under his name. The Buyer warrants that third parties are not enabled to use the Wallet Access Data. In particular, to protect the Wallet Access Data, the Buyer shall not store the Wallet Access Data in an unsecured manner and shall prevent spying when entering the Wallet Access Data. If the Buyer discovers that another person has knowledge of the Wallet Access Data or if the Buyer has a corresponding suspicion, the Buyer must immediately change the Wallet Access Data concerned, insofar as this is possible.
5. The Buyer is aware that he is solely responsible for the control of his Wallet and that the loss of control over the Wallet may result in the rights to a NFT no longer being able to be proven and that NFTs can no longer be disposed of.
6. The Buyer is aware that the Wallet is not operated by OREMOB, but by a third-party wallet provider. OREMOB has no influence on wallet providers or the wallet operation. OREMOB only permits the Buyer to use the Wallet on the ORE Platform. The Buyer understands that OREMOB does not have access to the Wallet Access Data and cannot recover the Wallet Access Data. In particular, OREMOB cannot restore access to NFTs if the Buyer loses the Wallet Access Data or third parties have disposed of NFTs.
7. The Buyer understands that this T&C are an addition to any terms of use of the respective wallet provider. In the event of any conflict, this T&C shall prevail over the terms of use of the wallet provider with respect to the relationship between OREMOB and the Buyer. However, the wallet provider shall be entitled to enforce the rights arising from its terms of use directly against the Buyers.
LICENSE TO THE ARTWORK ‌
1. By transferring the NFT to the Buyer, OREMOB irrevocably grants to the Buyer, limited in time to the period during which he is Owner of the NFT and subject to the condition precedent of payment of the Purchase Price pursuant to section 2.5, the worldwide, exclusive, not-sublicensable and not-transferable right to use, copy, display, print and make publicly available to the Artwork in connection with the NFT solely:‌
  1. for the Owner of the NFT's non-commercial and commercial use;
  2. to offer the Artwork together with the NFT for sale to a third party ("Subsequent Sale"), provided that (a) the resale is a Subsequent Sale in accordance with section 6 and (b) if and to the extent such Subsequent Sale has been previously permitted by OREMOB on the ORE Platform with regard to the respective NFT and the respective third party marketplace.
  3. to display the Artwork on third-party websites, provided that they make the display of the Artwork conditional on a positive cryptographic verification of the Owner of the NFT.
  All of the above grants of rights are fully satisfied. The Buyer accepts all the above grants of rights.
2. The license under section 4.1 is not transferrable. If the Buyer transfers the NFT to a third party, the rights of use to the Artwork granted in accordance with section 4.1 shall expire. The License under section 5.1 is solely transferable in case of section 7 (License Assumption).
3. The Buyer acknowledges that all legal rights, title and interest in and to the Artwork and all intellectual property rights therein are owned by the originator of the Artwork. The Buyer's rights to the Artwork are limited to the rights of use described in this section 4. The originator and OREMOB reserve all rights in the Artwork not expressly granted to the Buyer by this Platform Agreement.
4. A further right of use or any other right in an Artwork shall only be granted to the Owner of the NFT if this is expressly stated in the respective NFT description of OREMOB on the ORE Platform.
RESTRICTIONS OF USE ‌
1. The License pursuant to sections 4 is subject to the condition subsequent that the Owner of the NFT complies with the provisions of section 15 (Anti-Money Laundering).
2. The License pursuant to section 4 is subject to the condition precedent that the Owner of the NFT has lawfully acquired the NFT. This requirement shall be met in the moment the Buyer receives the NFT, unless this reception of the NFT is not lawful, in particular, but without limitation, in cases of (a) theft or other unauthorised transfer of the Token from the wallet address of OREMOB or a Reseller (as defined below) to the wallet address of a third party and (b) an unintentional transfer of the Token to the wallet address of a third party by OREMOB or a Reseller (as defined below) (e.g., by mistyping when entering the wallet address). In such cases, OREMOB reserves the right to transfer the Token to the proper wallet address or, if applicable, to destroy (burn) the Token (Buyer is obliged to cooperate) and reissue the Token to the rightful holder of the rights to the Artwork and any other rights.
3. Except for a Subsequent Sale of the NFT in accordance with section 6, the Owner of the NFT shall not be entitled, directly or indirectly, without the prior written consent of OREMOB:
  1. to alter the Artwork or create derivative works from it, including but not limited to shapes, designs, drawings, attributes, features or colours, except for non-public and non-commercial, purely private purposes;
  2. to use the Artwork in films, videos or other forms of media, except to the extent expressly permitted under this Agreement, except for non-public and non-commercial, purely private purposes;
  3. to exploit the Artwork for commercial purposes, in particular to advertise, market or sell a product or service of oneself or a third party. For avoidance of doubt: Use for purely private purposes is permitted;
  4. to take measures aimed at circumventing technical protection measures of the NFT. The owner of the NFT shall refrain from any form of unauthorised use, in particular attempts to overcome or circumvent the security mechanisms or otherwise disable them, and shall take all necessary and reasonable steps to prevent or limit any damage caused by the use of the NFT;
  5. to use the NFT for purposes and/or in connection with materials (e.g. texts, images, films, video clips) and/or to disseminate information in connection,
    1. which contain criminal content;
    2. constitute hatred, intolerance, violence, discrimination or any other form of disregard for the rights of third parties or otherwise violates the rights of third parties, in particular offensive or derogatory material relating to gender, race, religion, skin colour, origin, age, physical or mental disability, medical condition or sexual orientation;
    3. infringe the rights of third parties (in particular copyrights, publication rights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights);
    4. are associated with gambling activities;
    5. violate a person's privacy;
    6. are otherwise unlawful or unreasonable.
SUBSEQUENT SALE AND REVENUE SHARE ‌ ‌
1. OREMOB grants to every purchaser of the NFT as well as to every subsequent purchaser in the chain of sale of the NFT ("Subsequent Buyer") the License pursuant to section 4 limited in time to the period during which this Subsequent Buyer is Owner of the NFT and subject to the condition precedent of payment of the Revenue Share pursuant to section 6.2. The Subsequent Buyer accepts the granting of all rights by claiming and exercising the rights of use and any other rights represented in the NFT (e.g., by using the Artwork). OREMOB waives receipt of the acceptance. Regardless of this acceptance, OREMOB permits the use in terms of this section 6.1. ‌
2. In case of a Subsequent Sale, the Subsequent Buyer pays 6 % of the respective purchase price, including applicable VAT, to OREMOB ("Revenue Share"). The Revenue Share is always payable by the Subsequent Buyer. The remaining 94 % of the purchase price is paid by the Subsequent Buyer to the previous owner of the NFT as seller of the NFT ("Reseller"), including applicable VAT. The third-party marketplaces available for a Subsequent Sale typically execute both payments automatically as soon as the Subsequent Buyer transfers the purchase price. ‌
3. In the event of a Subsequent Sale, the Subsequent Buyer may incur additional costs for the transaction, depending on the third-party marketplaces chosen by the Reseller.
LICENSE ASSUMPTION ‌
1. Deviating from section 4.2 sentence 1 and 2, in the event of a Subsequent Sale in accordance with section 4.1, every Subsequent Buyer can fully assume all rights of use to the Artwork pursuant to section 5 in place of the Buyer ("License Assumption").
2. The Buyer's offer to a third party to sell the NFT shall be interpreted as the Buyer offering the third party as the new Owner of the NFT to take over the License according to section 3.7.
3. OREMOB gives the consent required for the License Assumption under the condition subsequent that (a) the Token has been successfully transferred to the wallet address of the Subsequent Buyer, (b) that the Subsequent Buyer is rightful Owner of the NFT, (c) subject to the condition precedent of payment of the Revenue Share pursuant to section 6.2 and (d) that the Subsequent Buyer complies with the provisions of section 15 (Anti-Money Laundering).
4. Section 5 (Restrictions of Use) applies accordingly.
WARRANTY
1. OREMOB warrants that the Token at the time of transfer to the Buyer (a) corresponds to the standard market quality of the particular token type as indicated on the ORE Platform, (b) to the condition described on the ORE Platform and is thus in accordance with the Purchase Agreement and (c) that no third-party rights oppose the use by the Buyer to the contractually agreed extent. OREMOB cannot assume any warranty beyond the forementioned, in particular for the tradability of the NFT on third-party platforms and marketplaces and the compatibility with other networks, infrastructures, blockchains and wallets of third parties other than those named on the ORE Platform. The tradability of the NFT on third-party platforms and marketplaces and the compatibility with other networks, infrastructures, blockchains and wallets depend on an approval decision, conditions or form requirements of a third party and may not be practically feasible due to deviating token standards for technical or other reasons.
2. OREMOB warrants that the Artwork made available as a download – unless otherwise described on the ORE Platform – corresponds to the description on the ORE Platform. The availability, resolution and quality of the Artwork depends on the device used by the Buyer and other factors, which are beyond the control of OREMOB and for which no warranty is assumed.
3. With regard to the Token, supplementary performance (Nacherfüllung) is only possible by destroying the defective Token (burning) and issuing a new Token to the Wallet address of the Buyer. The Buyer is obliged to cooperate in the burning of the defective Token in accordance with OREMOB's instructions (e.g. by transferring the Token to a wallet address specified by OREMOB) and to accept a new Token if the contractual scope of functions is maintained and the acceptance does not lead to significant disadvantages for the Buyer.
4. In all other respects, the warranty shall be determined in accordance with the statutory provisions.
INVALIDATION OF TOKENS IN CASE OF MISUSE
1. If there is a reasonable suspicion that the Buyer has breached his obligations under this Platform Agreement and the Buyer does not remedy such breach within fourteen (14) days after a time limit has been set, OREMOB reserves the right to transfer the Token to the proper wallet address or, if necessary, to destroy (burn) the Token (Buyer is obliged to cooperate) and reissue (mint) it to the rightful holder of the rights of use to the Artwork. A notice period is not required in the case of irremediable violations or in the case of serious violations, such as those based on intent.
2. The Owner of the NFT is obliged to cooperate in the destruction of the Token as specified by OREMOB (e.g. by transferring the Token to the wallet address specified by OREMOB).
RIGHT OF WITHDRAWAL

Consumers have a right of withdrawal in accordance with the following provisions:

<aside> <img src="/icons/info-alternate_red.svg" alt="/icons/info-alternate_red.svg" width="40px" /> Model instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us

OREMOB UG

Stubenrauchstr. 47

12161 Berlin

E-mail: [email protected]

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

</aside>

<aside> <img src="/icons/info-alternate_red.svg" alt="/icons/info-alternate_red.svg" width="40px" /> Model withdrawal form

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EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
USE OF THE SERVICES
MODIFICATION, UPDATES, MAINTENANCE
TERMINATION OF THE ORE PLATFORM AGREEMENT; SUSPENSION OF THE SERVICESOREMOB may terminate the Platform Agreement at any time without notice in text form by suspending the Services.
LIABILITY
RISK INFORMATION AND CONFIRMATION OF KNOWLEDGE
ANTI-MONEY LAUNDERING ‌
INDEMNIFICATIONThe User undertakes to indemnify OREMOB in full against any claims by third parties based on an infringement of rights attributable to the User, unless the User proves that he is not responsible for the breach of duty causing the damage.
INTELLECTUAL PROPERTY RIGHTS
LINKS TO OTHER WEBSITESThe User uses all links provided on the ORE Platform to visit third-party websites, including websites of Third-Party Services, at his own risk. When the User leaves the ORE Platform, the information he views is not provided by OREMOB. These T&C do not govern the use of third-party websites, including websites of Third-Party Services. OREMOB does not monitor or have any control over and makes no claim or representation regarding these websites. To the extent such links are provided on the ORE Platform, they are provided only as a convenience, and, unless otherwise stated, a link to another website does not imply OREMOB's endorsement, adoption or sponsorship of, or affiliation with, such websites.
PRIVACY POLICY OREMOB's privacy policy can be found at https://oremob.io/legal-notice; the privacy policy is not the subject of this T&C.
AMENDMENTS TO THIS T&C OREMOB reserves the right to change these T&C at any time and without giving reasons, unless this is unacceptable for the User. OREMOB will inform the User of changes of the T&C in good time via the ORE Platform. If the User does not object to the validity of the new terms of use within four weeks after notification, the amended terms of use shall be deemed accepted by the User. OREMOB will inform the User in the notification of his right to object and the significance of the objection period. In the event of an objection by the User, the authorisation to use the Services shall end and OREMOB shall be entitled to delete the data of the User concerned. Changes to the main contractual Service obligations or charges for these main Service obligations require the express consent of the User to become effective.
DISPUTE RESOLUTION