General Terms and Conditions / Terms of Use / Cancellation policy

for the website goldenrecordproject.com

Table of Contents

1. Scope
2. Conclusion of contract
3. Services and terms of use
4. Purchase, registration and processing of personal data
5. Content requirements for advertisements placed
6. Obligation of the user
7. Services
8. Right of withdrawal
9. Prices
10. Contractual partner
11. Legal application
12. Severability clause

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Thomas Janetzki, trading under “goldenrecordproject.com” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods or services presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller’s online shop or the service listed below do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, email or post.

2.3 The seller can accept the customer’s offer within five days,

   by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
    by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
    by requesting payment from the customer after placing the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If the payment method “PayPal Express” is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, he or she also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller declares that he accepts the customer’s offer at the time when the customer initiates the payment process by clicking the button that completes the order process.

2.5 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent, along with these general terms and conditions. In addition, the text of the contract is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller’s online shop before submitting his order.

2.3 Before submitting the binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.4 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address he provides for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. Service / Terms of Use

Companies, private individuals, artists, musicians and bands can register on the Goldenrecordproject.com website with a picture and other brief information. The information you enter will be saved and potentially published in the following media:

a) on the website goldenrecordproject.com in a general overview and possibly in other country- and topic-specific individual pages, for example

b) in a physical book (or book volume) with several copies, which may also be offered for sale

c) in a PDF book (with, if available, a link to the URL entered by the advertiser), which will be sent to any number of emails from users who have registered to receive this PDF.

d) in a museum or several museums worldwide

e) in newsletters of the Golden Record Project

f) in social media channels of the Golden Record Project

When entering their entry, advertisers can choose from the above options a) – d) (multiple selection is possible), whereby an entry in point a) also leads to confirmation of points e) and f).

For points b) – d), publication in these media by the Golden Record Project only takes place if a certain number of entries specified on the website (see point 4 below) are achieved in the Golden Record Project.

3.4 Changes to the Terms of Use

The provider is entitled to changes the service description or the general terms and conditions and other conditions. The provider, Goldenrecordproject.com, will only make these changes for good reason, in particular new technical developments, changes in case law or other equivalent reasons.

3.5 Subject matter of the contract

On the provider’s website, products can be purchased, some of which may be related to one another:

– Entries (advertisements) that the visitor to the provider’s website can make after a purchase in one or more (depending on the customer’s request when entering) of the media mentioned under 1.

The minimum requirement for the entry is the purchase of this one product.

Under the individual categories, name (for “private individuals”) optional) URL, country and language of the advertiser and, for artists, musicians, bands and companies, a categorization according to certain areas is also entered.

Uploading a picture of the private person or artist or the company or a logo of the company is mandatory for the person registering.

– Arranging the creation (via partners) of avatars, holograms, videos and the hardware to play holograms and avatars (which can also be integrated into a website).

– Avatars and videos can also be published as entries on the above-mentioned media on the Golden Record Project website, but do not have to be, so they can also be created purely for personal use (like holograms). They can also be used commercially by the respective client (user), as described on the website, for example.

3.6 Publication of entries

The entries are published in different places as follows:

– on the provider’s website in a size of a maximum of 100 images per page, both in an individual view and possibly in future in country and topic-specific sub-areas (views)

After entering at least 250,000 paid advertisements (or with a total of at least 35,000 (mediated) created avatars, holograms or videos; see point 3 above), the provider will also publish a book in PDF format (which can be sent to any number of email recipients who have registered to receive these emails and possibly to all Golden Record Project newsletter recipients) and additionally as a printed version (at least 3 copies or more), which may also be offered for sale. In addition, there will then be at least one museum project of the type described on the website.

The provider is free to add the entry content to other media, to use it for its own use, to sell it or to lend it.

The provider can also exhibit and lend the above-mentioned publications, especially in books, to museums or similar locations.

The provider is free to distribute and publish the entries and transmitted image material in other social media on subpages or other social presences.

The user grants in particular, for the purposes of the contract and corresponding products bound by individual contracts, the non-exclusive, worldwide transferable or sublicensable right for the provider to integrate, display or publish material, images and other materials and their content provided on other advertising platforms as part of the online advertising and any associated booked services and to make them accessible to the public and closed user groups. In particular, the provider also has the right to reproduce the above advertising materials for these purposes.

Avatars, holograms and videos purchased by users are not automatically published, but require the explicit written consent of the respective user or customer.

4. Purchase, registration and processing of personal data

The use of the entry service provided requires the purchase of the product intended for it, as stated on the provider’s website.

After purchasing the product via the order function, the user receives an access link to the entry page where he can make his entry. The user can make his entry independently. After entry, the link for the individual entry page loses its validity. The entry can, however, also be changed afterwards. After saving their entry in the entry form, the user receives an email with a summary of their entered data and the picture. They must confirm this email. Only then will the respective entry be checked and approved by the provider.

The user has a variety of entries and purchases available. The entry made by the user is checked by the provider for compliance with the agreed conditions upon entry before approval. The provider is entitled to check the legality of the media, files and content intended for publication by the advertiser, including the links to other websites used, and to reject them in whole or in part, i.e. not to publish the advertisement if it contains illegal or immoral content or violates the rights of third parties.

The user is not obliged to make entries after purchase.

For the products related to the creation of avatars, holograms and videos as well as the hardware to play the holograms, the user must submit a request to the operator of Golden Record Project, as these products require more advice and cannot be priced at a flat rate. Therefore, appropriate partners will take over the implementation of these services.

The services are billed directly between the user and one of the provider’s partners.

5. Content requirements for posted advertisements

The user is obliged to post each advertisement in the appropriate category and to describe and post his respective offer truthfully and with a meaningful, truthful picture.

If the user acts as a consumer, he must observe the general legal rules. If the user acts as an entrepreneur, he confirms that he is using the advertisement as a commercial provider or as an independent or otherwise business-related provider and is therefore subject to special legal and statutory regulations. The user is obliged, among other things, to comply with the statutory information obligations and, in particular, to provide complete provider identification on the linked URL that satisfies the statutory requirements.

The user is obliged to design the materials provided and their contents in such a way that they do not violate legal provisions, official prohibitions or common decency. The user will in particular ensure that neither his images, information nor content on the page to which he links violates the following provisions:

– pornographic content 

– unlawful offers 

– propaganda material or symbols of unconstitutional organizations 

– depictions that incite hatred or glorify violence 

– incites racial hatred, glorifies war or promotes a terrorist organization

– constitutes a criminal offense requests

– defamatory statements or representations

– is anti-competitive

– contains other illegal content or is generally likely to damage the reputation of the provider

6. Obligation of the user

The user ensures that he holds the freely available rights of use for the uploaded image documents and transfers these to the provider without limitation, in particular for entry in book documents to be produced.

The user consents to this and grants permission for the image provided, the registered name, the categorization of his entry, the country and language he has entered and the URL on the provider’s website, possible subpages or other media that the provider uses, to be published by the provider for an indefinite period of time.

The user ensures that all copyrights to the image documents submitted are available for publication in book documents to be produced and can be transferred to the provider for the use described above. is.

The user is liable to the provider for claims that may arise against the provider due to unlawful use of transferred usage rights.

7. Services

The provider undertakes to ensure, in accordance with these terms of use, that the product or entry offered by the user is available for publication in the contractual ch agreed framework and for the contractually agreed duration.

The duration and runtime of the provider’s project is planned for an indefinite period (with the exception of the possible museum project, which could also only take place for a shorter period). Should circumstances arise that make it necessary for the provider to switch off or change the offer, the offer can be switched off at any time.

The provider is entitled to edit the image material provided in terms of format, size and technical properties, provided that this appears necessary for the delivery of the image material and is reasonable for the user.

The images on the provider’s website are protected by copyright.

The provider assumes no liability for the services provided by the provider’s partners.

8. Right of withdrawal

Consumers are generally entitled to the statutory right of withdrawal for contracts concluded outside of business premises or by means of distance communication. The right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded. Further information on the right of cancellation can be found in the seller’s cancellation policy.

Cancellation policy 

Right of cancellation 

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods (in this case the email with access to the entry form and the order confirmation).

To exercise your right of withdrawal, you must contact us 

Thomas Janetzki
Seidelstraße 8
07749 Jena
Germany

Email: info@goldenrecordproject.com

by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation 

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than 14 days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

End of the cancellation policy 

Cancellation form 

If you want to cancel the contract, please fill out this form and send it back. To: ‘Thomas Janetzki, Seidelstraße 8, 07749 Jena Germany – info@goldenrecordproject.com.

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*): 

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Ordered on (*) / received on (*): ________________________________________________

Name of the consumer(s): __________________________________________________

Address of the Consumer(s):

___________________________________________________________________________

Signature of the consumer(s) (only if notification is on paper) 

____________________________________________

Date: _________________

*) Delete as appropriate.

Cancellation form as a PDF document: Download here

9. Prices

The pricing can be found in the provider’s current offer on the website www.goldenrecordproject.com.

Regarding Avatars, holograms, videos and hardware for playing the avatars and holograms, a price is agreed upon in personal consultation with one of the provider’s partners who are responsible for the implementation.

The payment option(s) will be communicated to the customer on the seller’s website.

If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the applicable PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

10. Contractual partner

The sale of the registration product (in the various media) is processed via the ordering function on the provider’s website. The basis for this are the current terms and conditions on the provider’s website.

For the creation of avatars, holograms and videos, the contractual partner to whom the provider refers the customer becomes the contractual partner.

11. Application of the law

The terms and conditions of use and cancellation policy are available in German, English and, if applicable, other languages. Language versions that are not in German are translations. The applicability of the law follows the German version.

12. Severability clause

If one or more provisions of these terms of use are or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace such an invalid provision with a valid provision that corresponds to what the parties would have agreed, taking into account the purpose of the contract, had they known of the invalidity of these provisions when the contract was concluded. This also applies in the event of regulatory gaps.