1. Formation of the contract
1.1 foreverontheblockchain, a brand of DLC Distributed Ledger Consulting GmbH (hereinafter: “foreverontheblockchain”), fulfills customers' wish to leave “immortal” messages on a public blockchain such as Bitcoin or Ethereum in a user-friendly and easy way.
1.2 A corresponding contract with the respective customer (hereinafter: “customer”) is concluded via the website of foreverontheblockchain (www.foreverontheblockchain.com). The following General Terms and Conditions shall apply exclusively in the version valid at the time of the conclusion of the contract. Deviating general terms and conditions of the customer are not recognized unless foreverontheblockchain expressly agrees to their validity in writing.
1.3 The messages, messages or other content that the customer wants to leave on the blockchain (hereinafter: “message”), is entered by the customer on the website of foreverontheblockchain together with his address, billing and payment information before he submits a binding offer to foreverontheblockchain to conclude a contract by clicking the button “eternalize now”. Before submitting the order, the customer can change and view the message as well as the address, billing and payment data at any time. The offer can only be submitted and transmitted if the customer has accepted these General Terms and Conditions by clicking/activating the “Accept GTC” field and thereby included them in his offer.
1.4 foreverontheblockchain will immediately confirm receipt of the order by e-mail and list the order in it, including the option to print it (“confirmation of receipt”). With the confirmation of receipt, the acceptance of the offer of the customer is declared (“contract confirmation”), whereby the contract is concluded. With the confirmation of receipt and contract, the customer receives the content of the contract as well as these General Terms and Conditions on a durable medium (e-mail or paper printout).
2. Message – conditions and verification
2.1 Subject to the following conditions, foreverontheblockchain will write the message submitted by the customer on the blockchain just as the customer submitted the message. Subsequent modification of the message is impossible due to the decentralized data storage approach of the selected blockchains.
2.2 The customer is autonomously responsible for compliance with applicable laws as well as these General Terms and Conditions.
2.3 In particular, it is not permitted to commit illegal or punishable acts in connection with the use of foreverontheblockchain services, especially to leave illegal or punishable statements on the blockchain by using foreverontheblockchain services.
2.4 2.3 includes all insulting, defamatory, disparaging or inciting statements. In particular, this includes any allegation or dissemination of a fact that is capable of making another person look contemptible or disparaging in public opinion, unless the alleged or disseminated fact is demonstrably true. The same shall apply to a fact alleged or disseminated against better knowledge and untrue in relation to another person, which is likely to disparage the latter or to discredit him/her in public opinion or to jeopardize his/her credit. The memory of a deceased person may not be disparaged. Persons bound to secrecy and/or confidentiality may not publish any information subject to this obligation. The customer is responsible for observing the rights of third parties, including any copyrights (in particular linguistic works such as written works, speeches or computer programs; works of visual art; photographic works including works created in a similar manner to photographic works, for example texts or images) and not to impair them.
2.5 It is not permitted to leave personal data within the meaning of the GDPR or such data that could enable a reference to a person on the blockchain. Personal data within the meaning of the GDPR is any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2.6 If the storage of an image on the blockchain is the subject of the agreement, this is done by storing the image on foreverontheblockchain's IPFS server and storing the hash (i.e. the value calculated by means of a cryptographic hash algorithm) of the image on the blockchain. Removal of the hash on the blockchain is technically impossible. foreverontheblockchain can delete the image from its IPFS server, but this does not prevent it from still being found if another IPFS server operator also keeps the image on its server (by so-called “pinning”).
2.7 foreverontheblockchain may refuse to store the image in accordance with section 2.6 above. This applies in particular in the event of non-compliance with applicable law and/or these GTC, in the event of improper use and/or in the event of conflicting interests of foreverontheblockchain.
2.8 With the storage of the image in the sense of the above section 2.6, the customer grants foreverontheblockchain the simple, spatially, temporally and content-wise unlimited, irrevocable, (in the price of the service provision by foreverontheblockchain already taken into account, thus already settled and therefore) free, sublicensable right to use the image for all non-commercial and commercial purposes, including promotional use on the Internet, especially on social media platforms. This right includes the right to exploit the image in physical form (reproduction, distribution, exhibition) as well as for public reproduction (lecture, performance and presentation, making available to the public, broadcasting right, reproduction by image/sound carrier, reproduction of radio broadcasts and of making available to the public).
2.9 foreverontheblockchain is entitled, but not obligated, to check messages from the customer in order to monitor compliance with the above terms and conditions and to prevent misuse as far as possible, without this releasing the customer from his obligation to have only legally compliant texts written on the blockchain and to comply with these General Terms and Conditions in other respects as well.
2.10 foreverontheblockchain is entitled, but not obligated, to review messages from the customer to check compliance with the above terms and conditions and to prevent misuse as far as possible, without releasing the customer from his obligation to have only legally compliant texts written on the blockchain and to comply with these General Terms and Conditions in all other respects. The same applies if the message contains personal data in the sense of the German Data Protection Regulation (GDPR) or such data that could enable a reference to a person.
2.11 foreverontheblockchain is entitled, but not obliged, to check the information provided by customers for any errors (grammar, spelling, etc.).
3. Right of revocation
3.1 The customer has a right of revocation according to § 355, as far as he acts as a consumer in the sense of § 13 BGB. The revocation policy and a sample revocation form can be found here/below.
3.2 The right of revocation expires in the case of section 4.3.
3.3 The customer and foreverontheblockchain are no longer bound by their declarations of intent to conclude the contract if the customer has revoked the declaration of intent in due time.
3.4 The revocation shall be made by declaration to foreverontheblockchain, even if the contract was concluded through a partner of foreverontheblockchain. The declaration of revocation does not require any justification, but must clearly contain the decision to revoke the contract.
3.5 The revocation period is 14 days. It begins with the conclusion of the contract, unless otherwise specified. The timely dispatch of the revocation is sufficient to meet the deadline.
3.6 In the event of revocation, the services received must be returned immediately. If the law specifies a maximum period for the return, this period begins for foreverontheblockchain with the receipt and the customer with the submission of the revocation.
4. Performance of the contract and payment
4.1 If the Customer's message meets the requirements specified in section 2, foreverontheblockchain will write the message on a public blockchain.
4.2 Unless an earlier or later date is expressly agreed, foreverontheblockchain will write the customer's message that meets the requirements set forth in section 2 on the blockchain at the end of the business day following the expiration of the revocation period.
4.3 Action before the expiration of the revocation period is only possible at the express request of the customer, after the customer has given express consent and at the same time confirmed knowledge that he loses the right of revocation upon complete fulfillment of the contract by foreverontheblockchain.
4.4 The services of foreverontheblockchain can be compensated by the respective means of payment indicated on the website by way of advance payment, if necessary discounted by a voucher (voucher code / discount code).
4.5 The purchase price payment is due upon conclusion of the contract.
5. Choice of law
The contract is subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
6. Severability clause
6.1 Should any provision of this contract and/or its amendments or supplements be or become invalid, this shall not affect the validity of the remaining provisions of this contract.
6.2 In the event that a provision is invalid, the parties shall agree on a valid and reasonable replacement provision that comes as close as possible to the economic purpose pursued by the invalid provision.
Right of revocation
You have the right to revoke this contract within fourteen days from the day of the conclusion of the contract without giving any reasons. To exercise your right of revocation, you must inform the provider of the service, DLC Distributed Ledger Consulting GmbH, Lange Reihe 73, 20099 Hamburg, +49 40 88369186, [email protected], of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can use the linked sample revocation form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the execution of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of revocation with respect to this contract compared to the total scope of the services provided for in the contract.
Sample revocation form
If you want to revoke the contract, please fill out this form and send it back.