General Terms and Conditions (GTC) of at2innovation OG
1. Scope of Application
These General Terms and Conditions shall be applicable to all contracts concluded by at2innovation OG, of 1220 Vienna, Kratochwijlestraße 12/2/15, registered in the com-panies register under number 342954w, with Active Users (for this term, see Section 2). Any person aged 14 years and older may be an Active User. In the course of regis-tration, Active Users will be expressly referred to these General Terms and Conditions and accept these General Terms and Conditions by completing the registration process.
at2innovation OG is holder of the domain “drezzer.com” and offers its services via its website www.drezzer.com (hereinafter: Website), whereby the Website is available to its Users in German and English.
General Terms and Conditions of Active Users shall not become integral parts of the contract, even if the User refers to these terms and conditions in his/her own business records and at2innovation OG does not expressly object.
Active Users: Active Users means users aged 14 years and older who have registered on the Website and whose registration entitles them to enter photographs into the photograph database and to evaluate all photographs on that database. These General Terms and Conditions apply exclusively to Active Users, which is why these shall be hereinafter referred to as “Users”.
Passive Users: Passive Users means users who have not registered on the Website, who cannot enter photographs into the photograph database and who can evaluate only the photographs presented on the Website homepage. Passive Users are not obliged to register on the Website after a certain point in time.
Cooperation Partners: Cooperation Partners means companies to which at2innovation OG discloses anonymised (e.g. aggregated) data of Active Users for the purpose of soliciting a business relationship between the Active User and the Coopera-tion Partner (see also Section 11 of these General Terms and Conditions).
3. Subject-matter of the Website
at2innovation OG offers its Users the opportunity to enter photographs into the Web-site to be evaluated by other Users. Furthermore, advertising banners displayed on the relevant User’s site draw the User’s attention to specific goods and services. Further-more, Users will be supported when purchasing new goods and services by receiving targeted information on the availability of goods and services from specific dealers.
In addition, Users may evaluate photographs entered by other Users. at2innovation OG principally does not monitor evaluations and any other statements made by Users. However, at2innovation OG may delete from the Website insulting or otherwise offen-sive statements without prior notice.
Before using the services provided by at2innovation OG, the User shall register on the Website, whereby the User warrants that all data disclosed are true and complete. The User undertakes to notify at2innovation OG about changes in his/her registered data without undue delay.
The User further assures to be 14 years or older at the registration date.
In order to prevent misuse of User data, the User undertakes to keep confidential the access data selected in the course of registration. at2innovation OG will not disclose to third parties any User’s access data and will not ask the User for his/her password at any time. The User further undertakes to report to at2innovation OG if s/he suspects that his/her access data is misused.
By completing the registration process, the User issues an offer to conclude a contract on the use of services provided by at2innovation OG. at2innovation OG will accept that offer by activating the User account for services provided by at2innovation OG. The contract between the User and at2innovation OG is concluded upon that acceptance.
Every User may register more than once and set up several User profiles. The set-up of several User profiles requires the disclosure of separate email addresses for every reg-istration.
at2innovation OG does not warrant that a User is actually the person he/she pretends to be. It is up to the other Users to verify the actual identity of a User, if necessary.
5. Users’ Right to Withdraw
Pursuant to Section 5e of the Consumer Protection Act, the User may withdraw from the contract with at2innovation OG within seven working days without stating any rea-son. The User may notify his/her withdrawal from the contract towards at2innovation OG via the “disable user account” button.
The User is obliged to disclose exclusively true and not misleading information on its profile. At present, the use of a pseudonym (nickname) is allowed.
at2innovation OG principally does not accept any responsibility for the content dis-closed by Users on the Website. at2innovation OG particularly does not warrant that that content is true. Should a User observe any use of the Website which is contrary to the law or this Agreement, s/he can notify at2innovation OG via the button “report us-er”.
When using the services provided by at2innovation OG, the User shall respect the laws and rights of third parties. The User shall ensure that the exploitation of the content s/he published on the Website is lawful. The User particularly assures not to use any content to which third parties hold legal rights (e.g. copyright, trademark, patent, utili-ty model and design rights). at2innovation OG may delete from the Website any un-lawful content without prior notice.
The User further undertakes to refrain from offering or advertising offensive goods or services via his/her profile or from committing or supporting any anti-competitive ac-tion.
The User undertakes not to publish on the Website any insulting, discrediting and de-famatory or pornographic content or content that is offensive in any other form. The User may not enter photographs of several persons or animals. Should any User be harassed or offended by the content published by another User, s/he can inform at2innovation OG via the “report this post” button and, in extreme situations, request that the content be deleted.
The User undertakes to refrain from unreasonably molesting other Users. Should a Us-er be unreasonably molested by another User, s/he can report this to at2innovation OG via the “report user” button and, in extreme cases, request that the molesting User be admonished. Should the molesting User not change his/her behaviour, the molested User may request that the access of the molesting User be blocked.
7. Use of the Website
The User acknowledges that particularly maintenance work or also other events be-yond the control of at2innovation OG might cause short-term interruptions or tempo-rary suspension of services provided by at2innovation OG. However, at2innovation OG is committed to ensure that the Website is available without interruption if possible.
at2innovation OG does not guarantee that the use of this Website will always be free of charge. at2innovation OG further reserves the right to change the content of the services provided by it, provided that these changes are insignificant and objectively justified.
8. Data Privacy
at2innovation OG treats the User’s data in strict accordance with the provisions of the pertinent data privacy provisions. According to the Data Privacy Act, personal data means all information on the User based on which the identity of the person concerned might be determined or might be determinable (see Section 4 no 1 of the Data Privacy Act (DSG) 2000, e.g. name, date of birth, IP address). at2innovation OG uses these data only within the meaning of Section 7 of the Austrian Data Privacy Act 2000. at2innovation OG further observes the data secrecy pursuant to Section 15 of the Aus-trian Data Privacy Act 2000. at2innovation OG will not disclose any personal User data.
9. Storage of Data after Account Deactivation by the User
The User agrees that his/her data will be stored even after the termination of the con-tract with at2innovation OG, if any (see Section 12 of these General Terms and Condi-tions).
Subject to availability, at2innovation OG will store the following data of the former Us-er: User name (pseudonym [nickname], if any, password., title, email address, lan-guage, date of birth, address of the personal website, Twitter profile, Facebook profile, Skype name. These data will be stored to permit the former User to easily reactivate upon request his/her account with at2innovation OG.
The User’s consent shall be voluntary and may thus be revoked without stating any reason at any time. Upon revocation, at2innovation OG will no longer use the User’s data at all, above all, it will delete stored data.
10. Forwarding of Data for the Marketing Purposes
at2innovation OG will store User data for the purpose of forwarding to third parties on-ly in anonymised (e.g. aggregated) form and forward these data to Cooperation Part-ners and other third parties for marketing purposes.
11. Contracts between Users and Cooperation Partners
at2innovation OG does not accept any warranty and liability that the contract between the User and the Cooperation Partner will be actually concluded.
at2innovation OG is not involved in contracts between Users and Cooperation Partners and is thus not a contract party. at2innovation OG shall not be liable for the execution and performance of the contracts concluded between Users and Cooperation Partners. at2innovation OG shall further not be liable for any breach of duty committed by any User or the cooperation partner in respect of the contracts concluded between Users and cooperation partners.
12. Termination of the Contract
The User may terminate his/her contract with at2innovation OG without stating any reason at any time. Such notice of termination may be issued via the “disable user ac-count” button.
at2innovation OG may terminate its contract with the User at any time for good cause. Above all, good cause shall be deemed to exist if
- the User fails to comply with the laws;
- the User fails to observe the rights of third parties;
- the User breaches his/her contractual obligations;
- one User causes damage to one or several other User(s);
- the reputation of at2innovation OG is damaged by the User’s presence on the Web-site.
13. at2innovation OG’s Liability
As a matter of principle, at2innovation OG is not liable for any damage incurred due to slight negligence (except in case of personal injuries).
14. Final Provisions
at2innovation OG reserves the right to amend these General Terms and Conditions at any time without stating any reason. at2innovation OG will notify the Users about the amendment of the General Terms and Conditions in due time. If the User fails to ob-ject to the applicability of the amended General Terms and Conditions within six weeks after notification, the amended General Terms and Conditions shall be deemed accept-ed by the User. In the letter informing the User about the amendment of the General Terms and Conditions, at2innovation OG will point out to the User that his/her silence after the expiry of six weeks after notification shall be deemed as acceptance of the amendment.
These General Terms and Conditions and all contracts concluded on the basis thereof shall be governed by and construed in accordance with Austrian law, without giving ef-fect to the conflict of law rules.
The place of performance shall be Vienna.
These General Terms and Conditions and all contracts concluded on the basis thereof may be amended or modified by a written instrument only; this shall also apply to a waiver, if any, of this written form requirement.
All disputes arising out of or in connection with these General Terms and Conditions and all contracts concluded on the basis hereof - except for consumer transactions - shall be exclusively referred to the courts having subject-matter jurisdiction for com-mercial matters for the first municipal district of Vienna.