1. Domain/Scope of Services
1.2. If you have not already otherwise expressly accepted GTU, you accept the applicable current version by using the Website. If you do not accept GTU, you are prohibited from further use of the Website.
1.3. We reserve the right to modify the GTU, unilaterally and at any time in the future. The currently applicable version of the GTU will be published on the Website with a release note. Changes to the GTU take effect automatically with the next access by the Partner.
1.4. Access to the Website requires up-to-date commercially available software and hardware. These technical requirements are subject to change at our discretion.
2. Disclaimer of Liability
2.1. Access to the Website is available to the Partners at no cost. We have created the content and layout of the Website with the greatest possible care. However, in view of the provision of the service free of charge, of the abundance of data, and of the existing security risks on the Internet, it is not possible to entirely rule out bugs, errors, or the possibility that the user’s rights might be violated by third parties. It can therefore not be ruled out that individual information or content might not be up-to-date, complete, or accurate. Considering this, and the fact that the Website is available free of charge, we cannot assume any liability for the timeliness, completeness or accuracy of the provided information or content. If you discover an error, please report it by email to email@example.com. We will undertake to remedy the error as soon as possible.
2.2. We cannot guarantee failure-free availability of the Website or a particular server capacity; this means that overload and long response times must be taken into account. We are entitled to carry out work on the Website that involves unavailability/interruption of service at any time, at our discretion, and without previous notice.
2.3. We wish to point out that we have no influence whatsoever on the content and design of linked websites. The respective vendor or operator is always responsible for the content of linked websites. We have not adopted the content of linked websites as our own and accordingly assume no liability for the content, accuracy, completeness or timeliness of websites linked from our Website.
3. Login Data/Restricted Login Area
3.1. The web interface in the restricted login area enables our Partner to provide digital content in accordance with the contractually stipulated provisions. The respective contract with the Partner is thus pre-eminently applicable when using this function, particularly with respect to the content provided by the Partner, the granting of rights and the liability of the Partner.
3.2. The login data will be delivered to the customer as part of the conclusion of the contract. At all events, access to the Website ends with the termination of the contract between us and the Partner.
3.3. The Partner is obligated to notify us without delay of changes to the Partner’s contact information for the duration of the contract. If the Partner fails to notify us of such changes, statements are considered as received if they are sent to the Partner at the last email address provided by the Partner.
3.4. The Partner is responsible for keeping the password confidential. We can only verify whether a password corresponds with properly activated login credentials. We are not obligated to carry out any further verification. Registered Partners may not make login data and/or the restricted login area and/or the content therein available to third parties. If the Partner suspects that the password has become known to a third party or that the password could be misused, the Partner must immediately change the password and notify us of potential misuse by email to firstname.lastname@example.org. The Partner is further obligated to install a state-of-the-art antivirus program and firewall on all systems which are used to access the site in the Partner’s name and/or at the Partner’s order, and to update and renew these security measures regularly. With respect to the risk of passwords being exposed through spyware and of hacker attacks, the Partner shall only use the platform from an appropriately secure system or from other systems for which the Partner has assured the security and timeliness of the antivirus protection and the firewall. The Partner is liable for any damage resulting from violation of these provisions, including failure of the obligation to notify, where applicable.
3.5. In the event of good cause, we can block the Partner’s access to the restricted login area at any time. A good cause includes, but is not restricted to, the violation of legal regulations, infringement of the rights of a third party, as well as violation of this GTU.
4. Data Protection, Provided Information
4.1. Dealing sensitively with all data transferred to us is of the utmost importance to us. The collection, processing and use of all data are carried out on the basis of the contractual or legal provisions applicable in each case, in particular on the basis of the contract between us and the Partner, of the Data Protection Act 2000 (Datenschutzgesetz 2000, or “DSG”), and of the Telecommunications Act (Telekommunikationsgesetz, or “TKG”).
4.2. Use of Plugins
4.2.1. In addition, the Website may contain programs operated by social media platforms, such as, in particular, Facebook. These programs will be identified by symbols (e.g. a “Find us on Facebook” or “Like” button).
4.2.2. We hereby notify you that a connection with the social media platform is established through the plugin which involves transferring information to your browser. Furthermore, data will be shared with the server of the social media platform that contains information about the Website visit. This means that the usage data of the logged-in user is matched with the user’s personal social media account. As soon as you, as a logged-in social media user, actively use the social media plugin (e.g. by clicking the “Like” button or using the comment function), this data will be transmitted and published to the respective social media account. The user can only avoid this by logging out of the user’s social media account beforehand.
4.2.3. We do not know precisely which data the social media platform saves and uses. You can obtain information on this directly from the operator of the social media platform in question. If you do not want a connection to be made between the Website and your account, please log out of your social media account before visiting the Website.
5. Intellectual Property Rights/Protection of Copyright and Trademarks
The content published on the Website, such as texts, images, and graphics, may be subject to copyrights or other intellectual property rights. Any use that goes beyond the intended use of the Website requires prior written consent from us or from the respective rights holder. In particular, such content may not be reproduced, distributed, sent through either wireless or wire-based technology, made available or translated, revised or processed, especially not in databases or other electronic media or systems, without written permission.
6. Final Provisions
6.1. All legal disputes arising in connection with the use of the Website are exclusively subject to the substantive law of the Republic of Austria, excluding its conflict of law rules.
6.2. The Austrian court which has jurisdiction ratione loci and ratione materiae for 1010 Vienna is stipulated as the competent court of jurisdiction for all disputes arising directly or indirectly from the use of the Website, including the question of the applicability of the GTU.
6.3. If any individual provision of this GTU is or becomes void, the validity and enforceability of all other provisions herein shall not be affected thereof. The parties shall agree to replace the void provision with a provision that comes as close as possible to its sense and purpose.