Imprint

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").

1. 1 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.

2. 2 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).

3. 3 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.

4. 4 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.

5. 5 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.

6. 6 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.

7. 7 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.

8. 8 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.

9. 9 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).

10. 9 RIGHT OF WITHDRAWAL

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

    
    
    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: mob@oremob.io

    
    

    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.

    Model withdrawal form

    (If you wish to revoke the contract, please complete and return this form).

    
    

    To

    
    

    OREMOB UG

    Stubenrauchstr. 47

    12161 Berlin

    E-mail: mob@oremob.io

    
    

    I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)

    Ordered on (*)/received on (*), Name of consumer(s),

    Address of consumer(s),

    Signature of consumer(s) (only if this form is notified on paper),

    Date

    
    

    (*) Delete as appropriate.

11. 11 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

    Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

    1. contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery (§ 312g Abs. 2 No. 6 BGB);
    2. contracts for the supply of goods or for the provision of services, including financial services, the price of which depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period (§ 312g Abs. 2 No. 8 BGB); and
    3. contracts for the provision of betting and lottery services, unless the consumer has made his contractual declaration by telephone or the contract has been concluded away from business premises (§ 312g Abs. 2 No. 12 BGB).

12. 12 USE OF THE SERVICES

    1. Apart from the purchase of NFTs, the use of the Services is free of charge.
    2. To use the Services the User is required to have a device that corresponds to the current state of technology. In order to be able to use the Services, it is therefore necessary that the User keeps the device with which the ORE Platform is accessed up to date. Furthermore, in order to use the Services, the User must have an internet connection that offers a sufficient data transfer rate and there must be sufficient storage space available on the User's device.
    3. The User's right to use the respective current version of the Services for its own purposes is limited to the provision of the Services by OREMOB and is non-exclusive, non-sublicensable and non-transferable.
    4. The User shall ‌
       1. not misuse the Services and may use the Services only in accordance with the applicable law of the country in which the Services are provided or used;
       2. not take any action aimed at circumventing technical protection measures of the Services and refrain from any form of unauthorised use of the Services, in particular attempts to overcome or circumvent the security mechanisms of the Services or disable them in any other way, use computer programs which enable the automatic reading of data, as well as to use/implement and/or disseminate viruses, worms, trojans, brute force attacks, spam or links, programs or procedures which are suitable for damaging OREMOB, the Services and/or other Users;
       3. take all necessary and reasonable steps to prevent or limit any damage caused by the use of the Services;
       4. not use the Services for money laundering or other illegal activities;
       5. not engage in or promote illegal activities, in particular fraudulent activities;
       6. not use, employ or operate bots or other forms of automation and/or multiple accounts when using the Services;
       7. not modify, adapt or reverse engineer the Services.
    5. Any breach of section 10.4 may result in immediate exclusion from access and use of the Services, if applicable, burning of the NFT (Buyer is obliged to cooperate), termination of the Platform Agreement without notice and the initiation of civil and criminal proceedings as well as the assertion of claims for damages by OREMOB against the User.

13. 13 MODIFICATION, UPDATES, MAINTENANCE

    1. OREMOB reserves the right to modify or update the Services from time to time by adding, deleting, or modifying features to improve the User's experience or for other business purposes and to discontinue any feature of the Services or any portion thereof at any time during the term at OREMOB's sole and reasonable discretion.
    2. OREMOB reserves the right to temporarily restrict access to the Services or the possibility of using them in whole or in part if this is necessary due to capacity limits or the security or integrity of the servers or in order to carry out technical measures which serve the proper provision of the services or improvement (e.g. for maintenance work).

14. 14 TERMINATION OF THE ORE PLATFORM AGREEMENT; SUSPENSION OF THE SERVICES

    OREMOB may terminate the Platform Agreement at any time without notice in text form by suspending the Services.

15. 15 LIABILITY

    1. The User acknowledges that legal regulations in the areas of blockchain-based services, cryptocurrencies and crypto-assets may change and that new regulations or guidelines may develop. New or changing regulations or interpretation of existing laws and regulations may adversely affect the qualification and/or transfer and/or viability and/or value of the NFTs and the Services in the future and OREMOB's future development solutions. OREMOB shall not be liable for any losses that the User may incur as a result of such possible developments and the consequences, if any, thereof for OREMOB, the NFTs and/or their benefit and value, if any.
    2. In the event of any damage caused by slight negligence, OREMOB shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which characterises the respective agreement and on which the Buyer may rely and limited to the foreseeable damage typical of the respective agreement. Sentence 1 shall not apply to damages arising from injury to life, body or health or in cases of mandatory liability, in particular liability for cases in which a procurement risk or a guarantee for damages has been assumed, indemnification obligations, in the case of liability under the Product Liability Act, liability under the DSGVO or fraudulent concealment of a defect. ‌
    3. The liability of OREMOB in accordance with section 13.2 sentence 1 is limited to a total of EUR 10,000 for all damages incurred.
    4. Subject to liability for intent, liability for indirect damage, such as loss of profit, is excluded.
    5. OREMOB shall not be liable for any damages resulting from any use or unauthorised modification of the NFT and/or the Services by the User or any third party in breach of this T&C.

16. 16 RISK INFORMATION AND CONFIRMATION OF KNOWLEDGE

    1. The User is aware that the NFT has no fixed value and that the price paid for the NFT is not indicative of the value of the NFT and its future performance.
    2. The User acknowledges that the existence and functioning of the NFTs is dependent on the Blockchain, which OREMOB cannot influence. For example, OREMOB cannot influence that a NFT is properly created or secured or is retrievable and functional. OREMOB does not owe the existence, security, interoperability or maintenance of the NFTs. In particular, in the event of a transaction of NFTs to an incorrect address, OREMOB is neither able nor obliged to return the NFTs to the User. The User is aware that the Blockchain can be changed without OREMOB being able to intervene.
    3. The User is aware that OREMOB cannot influence the Blockchain. In the absence of control and influence, OREMOB is therefore not responsible for the existence, security or maintenance of the Blockchain. In the event of a faulty transaction, OREMOB cannot make any corrections or influence the Blockchain.
    4. The User confirms that he has sufficient knowledge of the blockchain technology and knows how to secure his Wallet. He will not transfer the NFT to other Users where he has reasonable doubts that this is the case with the respective users. He undertakes to deal with the associated risks before the purchase and confirms his knowledge of this risk information.
    5. All materials on the ORE Platform or provided with the Services are for informational purposes only. Neither OREMOB nor any of the persons or entities involved in any way in respect of the ORE Platform and/or the Services provide for legal, fiscal, trading, economical and/or any other kind of advice or recommendation that may be relied upon. This means that the information from the ORE Platform cannot be used as a basis of investment strategy and nothing in this information can be ensured to contain no errors, mistakes, malpresentations or failures. Users will therefore act at their own risk in accessing or in any way relying on the content of the ORE Platform or content provided with the Services and the Users are therefore solely responsible for any consequences thereof.
    6. OREMOB does not owe Users any advice with regard to the Services, in particular with regard to the purchase of NFTs. Any purchase decision must be made by the User on his own responsibility. OREMOB cannot and will not provide the User with any binding information on future price developments, tradability, market developments or similar economic forecasts. All information on usage options and NFTs, in particular information on price developments, are general comparative values which do not relate to the price development of the specific NFT. They are non-binding indicators. OREMOB gives no assurance or warranty with regard to forward-looking statements. The User is aware that the value of an NFT is inherently subjective and that there is no inherent or intrinsic value. The value of the NFT follows in particular from the value attributed by the market to the rights to use a medium granted by the licence agreement to the holder of a NFT.

17. 17 ANTI-MONEY LAUNDERING ‌

    1. The User warrants,
       1. that the NFT will not be used in any manner for any illegal or unethical purpose, including acts related to money laundering, terrorist financing or other acts that violate applicable law;
       2. that the User will not use any proceeds of criminal or illegal acts; and
       3. that no transactions with the NFT will be used to facilitate or engage in criminal or illegal acts, including acts related to money laundering, terrorist financing or other acts that violate applicable law.
    2. The User represents and warrants that, as of the date of entering this T&C, no criminal or regulatory investigation is pending against the User, any affiliate of the User, any officer or shareholder of the User in connection with the User's business activities.
    3. The User warrants that, upon conclusion of this Platform Agreement,
       1. he is not included on a sanctions list of the United Nations, the European Union or the Federal Republic of Germany;
       2. he is not acting indirectly (e.g., as a deputy or messenger) for a person who is on one of the sanctions lists referred to in section a).
    4. Should any of the events referred to in this section 15 occur after the conclusion of the Purchase Agreement, the User undertakes to notify the OREMOB immediately and to immediately suspend all transactions in connection with the NFT.
    5. The User confirms that he is acting exclusively in his own economic interest.

18. 18 INDEMNIFICATION

    The 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.

19. 19 INTELLECTUAL PROPERTY RIGHTS

    1. All text, graphics, user interfaces, visual interfaces, photographs, logos, artwork and computer code provided on the ORE Platform, including but not limited to the design, structure, selection, coordination, expression and arrangement of the content contained on the ORE Platform are intellectual property of OREMOB, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
    2. Except as expressly provided in these T&C, no part of the ORE Platform and no content indicated therein may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution for any commercial purpose, without OREMOB's express prior written consent.
    3. The User acknowledges that all enhancements provided by OREMOB are the sole property of OREMOB or third parties, even if they are the result of functional requests or bug reports from Users, and that the User has no rights thereto.

20. 20 LINKS TO OTHER WEBSITES

    The 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.

21. 21 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.

22. 22 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.

23. 23 DISPUTE RESOLUTION

    1. In accordance with Art. 14 (1) of Regulation (EU) No. 524/2013 on Online Dispute Resolution (ODR Regulation), OREMOB is legally obliged to refer the Buyer to the European Online Dispute Resolution platform (ODR platform) of the European Commission. The User can reach this at http://ec.eoropa.eu/consumers/odr/.
    2. OREMOB does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.

24. 24 CHOICE OF LAW AND JURISDICTION

    1. This T&C and its interpretation and any non-contractual obligations in connection with it are subject to German substantive law. As far as applicable, the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
    2. English language terms used in this T&C describe German legal concepts only and shall not be interpreted by reference to any meaning attributed to them in any jurisdiction other than Germany. Where a German term has been inserted in brackets and/or italics it alone (and not the English term to which relates) shall be authoritative for the purpose of the interpretation of the relevant term whenever it is used in this T&C.
    3. Exclusive place of jurisdiction for all disputes regarding rights and duties under this T&C, including its validity shall be Berlin.

25. 25 MISCELLANEOUS

    1. Should one or more provisions of this T&C be or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions of this T&C. In place of any Standard Terms of Business (Allgemeine Geschäftsbedingungen) which are invalid or not incorporated in the T&C the statutory provisions shall apply (Section 306 (2) BGB). In all other cases, the parties shall replace the void or invalid provision with a valid provision which reflects as closely as possible the original economic purpose of the void or invalid provision, unless a supplementary interpretation (ergänzende Vertragsauslegung) of the T&C takes precedence or is possible.