Terms of use for the use of the MALOUM online content platform by creators
Creating and using an account as a creator on the online content platform www.maloum.com is only available to users who are entrepreneurs within the meaning of § 1 UGB and who act as entrepreneurs in their activity on the online content platform. Consumers are therefore prohibited from registering as a creator.
1. Scope
The present terms of use always apply in conjunction with the general terms and conditions ("GTC") and the annexes to the GTC and these terms of use and for all contractual relationships between the provider and those users who are creators with regard to the use of the online content platform and the related services of the provider. In the event of conflicting or missing provisions in these Terms of Use, the T&Cs apply. The current version of the GTC and these Terms of Use is decisive. Even if the provider is aware of deviating, conflicting or supplementary terms and conditions of a creator, they do not become part of the contract unless the provider expressly agrees to their validity in writing.
2. Changes to these Terms of Use
The Provider reserves the right to make changes to these Terms of Use and will inform the Creator by email four weeks before an intended change. If the user objects to the change, the contractual relationship ends when the changed terms of use come into force with the effects of an ordinary termination.
3. Registration as Creator
3.1. Every creator has to prove his entrepreneurial status in the course of the registration process by providing suitable evidence (e.g. UID number). Registration as a creator takes place when registering for the first time by creating a user account and selecting the option "Register as creator". If a user account already exists, the user can select the menu item "Become a creator!" in his account settings. ► "Change the type of use" start the registration process for using the online content platform as a creator and change your account from a pure fan account to a creator account.
3.2. In the case of registration as a creator, the user must expressly confirm by ticking a checkbox that they are not acting as a consumer. By completing the registration process, the user submits an offer to the provider to conclude a contract for the use of the online content platform as a creator. Only when the provider sends a contract confirmation by email to the email address provided by the user does the contract of use as a creator come into effect. The provider reserves a period of two weeks to check the offer and the information provided by the user to conclude a usage contract as a creator and to accept or reject it.
3.3. The contract of use as a creator is concluded for an indefinite period. Providers and creators can terminate the contract of use at any time without giving reasons within a period of four weeks to the end of each month by email to support@maloum.com. However, the contractual relationship between provider and creator may not end until the earliest possible end date of the last remaining subscription that a fan has taken out in relation to the content of the creator in the event of ordinary termination.
3.4. As soon as the creator's declaration of termination has been received by the provider, the latter will process the termination immediately. Once processing has been completed, fans are no longer able to conclude subscriptions or other fee-based contracts for individual retrieval of content from the creator and the framework contract between provider and creator also ends automatically. From this point on, the creator can no longer edit the account, the channel and its content.
3.5. The termination of the fan account, regardless of which party, does not affect the continued existence of the user account in its function as a creator account. The termination of the creator account must therefore also be expressly pronounced.
3.6. When the termination becomes legally effective, the provider will delete the creator's channel and all related personal data and content (images, videos, creator's profile, etc.), insofar as these are uploaded to the online content platform by the user in his capacity as creator or have been discontinued and the deletion does not conflict with any legitimate interests of the provider in further storage (e.g. for defense in a legal dispute).
3.7. The provisions of the General Terms and Conditions regarding extraordinary termination for good cause also apply to the User Agreement for Creators. In the event of an extraordinary termination of the Creator by the Provider, the invoices will not expirepending and not yet due claims of the creator immediately. After the extraordinary termination has been declared, the provider will block the account and the channel of the creator for editing by the creator and delete it after the last subscription of a fan has expired.
4. Identification process, activation of content, consent of the persons concerned
4.1. Before enabling Creator's Content, Provider will verify the identity and age of all persons depicted in the Content to ensure that all depicted persons are of legal age.
4.2. Activation of content requires the written consent of all persons depicted in it for depiction in the content itself, for public distribution of the content and for uploading the content to the provider's website. Furthermore, for all content that is to be available for other users to download on the provider's website, the persons depicted must have given their separate written consent to the possibility of the content being downloaded by other users.
4.3. The provider will verify the age of majority and the consent of the persons shown in accordance with points 4.1. and 4.2. require written evidence from the Creator. Provider will retain such written evidence for as long as the content is available on the online content platform. The creator has the same retention obligation.
4.4. Provider will only allow Content to be uploaded from identified Creators of legal age, request government-issued photo identification for verification and validation, and shall perform additional checks to ensure that the Creator's government-issued photo identification is in fact owned and owned by the Creator. To handle the identification process, the provider reserves the right to commission a third party that specializes in the validation of government ID cards.
5. Duty to Keep Information Current
The Creator must update all data on his identity, his contact details and his tax information in his user profile immediately in the event of changes. This applies in particular if the creator loses his small business status and receives a UID number.
6. Deleting Content
The deletion of content is at the sole discretion of the provider, who makes all content available to fans as its own. However, creators can request deletion of the content they have provided to the provider at any time by sending an email to support@maloum.com. Specifying a reason for deletion is voluntary, but increases the chances of deletion. A right to the deletion of content that has already been made available for use does not exist during the existence of the contractual relationship between the provider and the creator.
7. Provider's rights of use and exploitation
7.1. The Creator grants the Provider a spatially unrestricted right of exploitation and use for all types of use and exploitation known at the time of uploading to the uploaded works (content) and limited in time to the term of the user contract.
7.2. By uploading his content (images, videos, etc.) to the online content platform, the creator expressly and free of charge grants the provider the non-exclusive right of use and exploitation, the users of the online content platform (including the fans of the creator and the subscribers to his channels) to make this content available free of charge or for a fee, to make it publicly available and to publicly distribute it. The exploitation right also includes the right to make content available for fans to download and to grant fans an unlimited right to use downloaded content beyond the term of the contractual relationship between provider and creator. The rights of the provider end with the end of the contract of use as creator.
7.3. In the event of an extraordinary termination by the Creator, the Provider's right of use and exploitation described ends - deviating from points 7.1. and 7.2. – only after the expiry of a fan's last subscription to the content or channel of the creator who was extraordinarily terminated (see point 6.8. of the GTC).
7.4. Furthermore, the Creator grants the Provider the right to use the uploaded content for advertising and marketing purposes, to edit it at will (in particular by inserting logos, watermarks, web links and merging it with other content).
7.5. The creator assures that he is entitled to grant the provider all rights of use and exploitation of the works uploaded by him - with other obligations to indemnify and hold the provider harmless against third-party claims.
8. Sale of physical products in the webshop
8.1. The provider operates onits online content platform a web shop in which physical products originating from creators are sold to fans in the name and on account of the provider and linked to the creator's channel. Direct sales by Creators in the web shop on their own account and/or in their own name is not possible.
8.2. If a fan buys a product linked to the creator's channel in the web shop, the creator must send the product to the fan on behalf of the provider at the behest of the provider. The product must be shipped by the creator himself. The outer packaging of the product must indicate the provider (neolime GmbH) as the sender and the postal address of the provider "Kolonitzgasse 10/4, 1030 Vienna, Austria" as the sender address. The outer packaging of the product must not contain any indication of the creator's identity or address.
8.3. In the event of any other obligation to indemnify and hold the provider and the fan harmless, the creator assures that the product has all the properties described in the creator's product description, may be sold in the European Union and that no third-party rights of any kind conflict with the sale product exist.
8.4. The Creator is free to set the product price for sales in the web shop.
8.5. The shipping costs are added to the product price and, like the delivery conditions, can be found in Appendix B:/.
8.6. The Creator grants the Provider the right to advertise the products made available to the Provider using the - possibly edited - content and the name of the Creator.
8.7. The creator is responsible for creating the product profile in the web shop, including images. By creating the product profile and placing the product in the web shop, the creator expressly declares his willingness to give the product to the provider as a gift and to agree to the sale by the provider to a fan in his own name and for his own account.
8.8. The Provider reserves the right, at its own discretion, not to accept products for sale in the web shop, especially if a product violates the Provider's permissibility specifications in accordance with Appendix C:/.
8.9. Unless deviating regulations for physical products are made in this section, the regulations made for digital content in these terms of use and in the GTC (point 1 1.) apply mutatis mutandis to the sale of physical products in the web shop. This does not apply exclusively, but in particular to the commission and billing provisions as well as the inadmissibility of certain content.
9. Pricing and Commission Determination, Settlement with Creator
9.1. The creator is entitled to freely determine the price/fee for all subscriptions to his content as well as the price of content that can be called up individually for a fee within a price range set by the provider for all creators. The sales generated with the fees or charges determined in this way, insofar as they are attributable to content from a specific creator ("creator sales"), form the basis for calculating the commission claim of this creator.
9.2. The commission entitlement of the creator is usually 80% of the monthly creator turnover.
9.3. The Creator's claim to commission arises within three days of the Creator's actual receipt of a payment for an individual access or a subscription. In his user account, the Creator can see the deposit of payments for his content and his commission statements.
9.4. In the event of an extraordinary termination, the Creator loses his right to commission for all claims that have already arisen against the Provider at this point in time but have not yet been settled by the Fan to the Provider.
9.5. If the creator states during registration or subsequently that he is entitled to deduct input tax in Austria and if he proves this to the provider by submitting documents, then all commission details are plus statutory sales tax. Taxation of the commissions paid to the Creator and the payment of any applicable taxes are the sole responsibility of the Creator.
ANNEX B:/
Shipping cost table and terms of delivery for physical products in the webshop
- Deliveries are only possible to delivery addresses within Germany and Austria.
- The shipping costs within Alb Germany and Austria are €5.00. This value must be considered as a guide, since the final price depends on the nature of the product.
- The shipping costs from Germany to Austria and vice versa are €10.00. This value must be considered as a guide, since the final price depends on the nature of the product.
- The delivery of the order takes place exclusively via the shipping route.
- In the event of a renewed shipment due to an incorrectly stored address by the buyer, we reserve the right to subsequently claim the flat-rate shipping costs.
ANNEX C:/
Prohibited Products, Illegally copied and counterfeit goods
- Decoder/Decryption Tool
- Hardware or software that primarily serves the purpose of making copyrighted content illegally accessible
- All kinds of illegally copied goods (e.g. pirated copies, music, films, photos, software, game consoles, etc.)Stolen goodsFakes, plagiarism and replicas (e.g. watches, handbags)
Illegal Sexual Content:
Violence, rape, lack of consent, hypnosis, intoxication, sexual assault & torture
Medicinal products, addictive substances, tobacco
- Addictive substances (e.g. drugs, narcotics, HHC flowers and containing products etc.)
- Medicines, sexual enhancers, medical devices, prescription drugs, medical devices of all kinds (pharmacy drugs are only permitted as part of a marketplace package contract)
- Organs, body fluids and human remains
- Covid19 test results and supporting evidence
- Tobacco products (e.g. cigarettes, cigars, tobacco, e-cigarettes and their components, liquids and devices that resemble e-cigarettes in form and/or function)
National Socialist articles and political content
- Advertisements with National Socialist content (e.g. "Mein Kampf", medals, uniforms, magazines, including censored items) and goods with National Socialist symbols/distinguishing features
- Advertisements with calls for political or religious activities
Prostitution
- Dating ads that are used for prostitution
Weapons and explosives
- Firearms and firearm accessories (e.g. ammunition, silencers)
- Explosive materials and explosives (e.g. fireworks, dismantled airbags and belt tensioners)
- Throwing stars, stun guns, tasers, defense sprays (e.g. pepper sprays, tear gas)
- Objects that resemble firearms in appearance or function (e.g. soft guns)
Prohibited chemicals, toxins and waste
- For example, any substances that are included in Annex XVII, REACH Regulation (e.g. asbestos cement panels for roofs and walls, other asbestos-containing substances) as well as substances and mixtures according to Regulation (EU) 2019/
- Disposable containers containing fluorinated greenhouse gases according to EU Regulation 517/2014
- Waste (if sold or given away to persons without proper authorization)
Uniforms
- Uniforms and other articles with corresponding characteristics (e.g. police, customs, lock supervisors)
- Uniforms, badges and other items of clothing with National Socialist symbols/distinguishing features
Animals and plants
- Animals that are not advertised by authorized persons
- Advertisements that violate the Animal Welfare Act
- Protected flora and fauna without CITES
- Hemp ornamental plants and CBD flowers are only permitted as part of a marketplace package contract
- Archaeological finds
- Dog and cat fur
- Dead animals (e.g. also for feeding purposes)
- Electric collars for animals
- Docking of animals or docked animals (except animal welfare associations)primates
- Wild caught animals
- Animals with any indication of being suitable as a gift, e.g. for Christmas
- Animals offered in exchange for other animals, goods or services (other than livestock for livestock)
- Kittens and puppies that cannot be viewed at the breeder's/seller's site together with their mother (except pet shops, animal protection associations)
Investments, securities, documents and games of chance etc.
- Loans, credits and other forms of financing
- Securities and certificates
- Official identity papers and documents (e.g. driver's license, identity card, passport)Credit and debit cardsCoins/banknotes currently valid (excluding collector coins)
- Purchase and sale of pawn tickets
- Cryptocurrencies / NFT
- Gambling
- Mystery boxes and the same meaning
- Current FIFA World Cup and UEFA European Championship tickets
- Social media accounts, classified user accounts, account sharing and equivalent
- Any activity that violates the standards of any Card Association
