As of August 1, 2019
Terms and Conditions of Use
Article 1 (General Provisions)
The Terms and Conditions of Use set forth below (“Terms and Conditions”) govern the use by the Users of the Site and Service provided and operated by
KaProblem e.U., Stefan Nothegger, Weissachstraße 6e, A-6330 Kufstein, Austria , duly represented by its Managing Directors (hereinafter referred to as the “Operator” or “ KaProblem).
The Disclaimer for the Site and Service is incorporated in these Terms and Conditions and shall form an integral part of it.
The Operator makes no representation that the Site is appropriate or available for viewing or downloading at locations outside of Austria. If Users access the Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to the Site from countries where such content is unlawful is prohibited.
By registering and accessing or using the Site and Service, the User agrees to follow and be bound by these Terms and Conditions.
Article 2 (Definitions)
- “Applicant” means an individual who applies to use the Service.
- “Content” means information such as text, images, video, programs and data.
- “Disclosed User Information” means information or Content that a User posts on the Site, and which the User agrees to be disclosed to, accessed or used by, other Users of the Service and the Operator in accordance with these Terms and Conditions, in particular with Article 11 below.
- “Password” means a password set by the User for the purpose of user identification and protection in using the Service. The Password should be a string of characters made up of letters, numbers and symbols.
- “Personal Information” means information relating to an individual who is or can be identified from such information.
- “Service” means the social media service, Sharewise.com, provided by the Operator in Austria via the Site, and all other incidental and related services.
- “Service Use Agreement” means the agreement between a User and the Operator regarding the use of the Service, which includes these Terms and Conditions and other additional terms, conditions and notices as may be posted on the Site from time to time by the Operator and incorporated as agreed herein.
- “Site” means the website operated by the Operator in Austria for the purpose of providing the Service.
- “User” means a registered user of the Service, who has entered into a Service Use Agreement with the Operator.
- “User ID” means an identification code or character chosen by the User for the purpose of user identification and use of the Service. The User ID may also be a randomly generated string of characters made up of letters, numbers and symbols in case that the User does not choose an individual User-ID.
- “User Login Information” means an e-mail address specified by the User for the purpose of user identification and use of the Service.
- “User Registration” means the registration by an Applicant to use the Service in accordance with the registration procedure set forth in Article 4 below.
- “User Registration Information” means (i) information provided by the Applicants and Users for the purpose of User Registration, (ii) information judged to be necessary and requested by the Operator from time to time, and (iii) information that the Users may provide from time to time as updates or modifications to their User Registration Information.
Article 3 (Scope of Application)
- These Terms and Conditions apply to the Operator and Users of the Site and Service.
- Supplementary or additional terms and conditions may be posted by the Operator on the Site from time to time, and such terms and conditions are deemed to constitute part of these Terms and Conditions if agreed upon between the parties. In the event that any supplementary or additional terms and conditions conflict with these Terms and Conditions, the supplementary or additional terms and conditions will prevail.
Article 4 (User Registration)
- The Service is provided and operated by the Operator under the condition that the Users accept in full these Terms and Conditions, which may be modified and supplemented from time to time by the Operator as described herein.
- To use the Service, the Applicant is requested to carefully read and understand the application procedures published on the Site. When agreeing to these Terms and Conditions, the Applicant can then apply to register as a User of the Service.
- Registration can be made by creating a new account. As an alternative, Applicants may register with their third party social media account as offered during the registration process.
- After having submitted a Username and an email-address the Applicant will receive a confirmation email including a confirmation link. When activating the confirmation link the Applicant will be led to a registration website where he is asked to provide further registration details in order to complete the registration.
- During the registration the Operator provides Applicants with reasonable, effective, and accessible technical means with the aid of which the Applicant may identify and correct input errors prior to making his registration. The respective means will be displayed and explained during the registration process accordingly (e.g. giving the chance to check and correct individual insertions prior to completing the registration).
- Applicants must be 18 years of age or older in order to register. Underage individuals may use the service subject to the consent of their legal representatives. This applies in particular to a registration. If we have reason to believe that the Applicant is / has been underage at the moment of the registration and that the legal representatives have not consented to the registration, the Operator will cancel the registration immediately following an unsuccessful request for the Applicant to furnish proof of age or alternatively a declaration of consent of the legal representatives within a reasonable period of time.
- Upon acceptance by the Operator of an Applicant’s application to use the Service by sending a respective confirmation email containing further use-related information, the Applicant will acquire access to use the Service, and a Service Use Agreement will be formed between the Operator and the Applicant. The relevant contractual documents will be stored and be made accessible to the User in the User’s login-area on the website at any time.
The Operator reserves the right to deny an Applicant’s application to use the Service at his sole discretion. Without limiting the generality of
the foregoing, an application will be denied in the following circumstances:
(1) When applying to use the Service, the Applicant used a fictitious name or the name of another person, provided false, inaccurate or incorrect information, or omitted material information from the application, regardless of whether such act is due to a deliberate intent to deceive or negligence;
(2) When in the past the User Registration of the Applicant had been terminated by the Operator for any reason;
(3) Where the Applicant has in the past failed to pay usage fee for any fee-based Service; and
(4) Where there have been incidences when the Applicant’s payments of usage fees for fee-based Service could not be confirmed or processed.
The Operator does not conduct individual screenings or reviews of applications but reserve the right to do so in case of indications that Users are in violation of the above obligations.
Article 5 (User Obligations, Indemnification of the Operator)
- The User should procure, at his own cost and responsibility, all that which is necessary for the use of the Service, including communication device(s) and software, telephone usage and subscription to Internet service.
- The User should be responsible for maintaining the confidentiality of his User Login Information and Password. The User must not lend, give, transfer, sell or pawn his User Login Information or Password to any other person or purchase User Login Information from any other person, or allow anyone to use such information by any means.
- The User agrees to accept full responsibility for all activities that occur under his User ID and as a result of the User’s access to the Site. Furthermore, in the event of any inquiry or claim from a third party in connection with the User’s access or use of the Service, the User should handle and resolve such inquiry or claim at his own cost and responsibility.
- Safe for Article 15, Section 5, the Operator will have no responsibility for any damages incurred by the User as a result of the use of his User Login Information and Password by a third party, regardless of whether such use was intentional or due to the negligence on the part of the User. Furthermore, the User whose User Login Information and Password are used by a third party will be deemed to be the user of the Service, and will be responsible for the full cost of usage fees for fee-based Service and other liabilities.
- The User agrees to keep current his User Registration Information. If there is a change to any part of the User Registration Information, the User should edit or update his User Registration Information within 14 days of the change through the prescribed procedures for modification published on the Site.
- The User agrees that in the event any notice from the Operator is not received due to the User failing to keep his User Registration Information current as provided in the preceding paragraph, the Operator will have no responsibility for any damages incurred by the User as a result of failing to keep his User Registration Information current. However, Article 15, Section 5 remains unaffected.
- In the event that the User causes any damage to the Operator or a third party as a result of his use of the Service (including any breach of these Terms and Conditions), the User will be liable for such damages. Furthermore, in the event that the Operator receive a claim for compensation from a third party as a result of the User’s acts or omissions, the User agrees to indemnify the Operator for all damages and costs incurred by the Operator (including reasonable legal fees and other indirect damages and costs) if the user is responsible for the occurring damages.
Article 6 (Termination of Use by User)
- The User may terminate the Service Use Agreement in accordance with the prescribed termination procedures as published on the Site. Any termination of the Service Use Agreement will be effective immediately. Upon termination, the User will no longer have access to the Service, and the Operator may, at their discretion, suspend public display of, or delete, any or all of the User’s Disclosed User Information. The User agrees that the termination of the Service Use Agreement does not affect the Operator’s right to retain or use his Disclosed User Information in accordance with these Terms and Conditions (in particular Articles 10 and 11), and does not release the User from any obligations or liabilities towards the Operator or any third parties (including but not limited to compensation for damages).
- In the event of the termination of the Service Use Agreement in accordance with the preceding paragraph, the Operator may, at their discretion, delete the User’s User ID. The Operator will have no liability for any damages incurred by the User or any third party as a result of the termination of the Service Use Agreement in accordance with this Article. Article 15 Section 5 shall remain unaffected hereof.
Article 7 (Prohibited Acts)
In using the Service, the User agrees not to engage in any unlawful or inadequate use of the services, in particular the prohibited acts set forth below in this Article 7.
Violation of applicable privacy and data protection laws and regulations in the User’s country
・Unlawful disclosure of information relating to the privacy of an individual, such as name, address, telephone number, email address, vehicle license plate number and other information that can be used to specifically identify an individual or form a reasonably ascertainable identification of an individual.
The User shall abstain from posting his own Personal Information on the Site. In the event that the User includes any Personal Information relating to himself in the Disclosed User Information, such information may not be protected and may be used according to these Terms and Conditions.
Violation of applicable securities and exchange laws and regulations in the User’s country
・Spreading rumors, false or misleading information that may lead to fluctuation of securities prices (even if the information in question is not completely false as long as there is no sufficiently reasonable basis)
・Spreading stock rumors that the market price of listed securities may fluctuate due to manipulation by the User or others
・Reveal unannounced or confidential information obtained from internal sources or parties involved in an undisclosed transaction (insider information).
Acts that infringe on copyrights
・Posting copyrighted materials such as magazines, free of charge publications, newspapers, books, song lyrics and information from other websites
Acts that infringe on publicity rights
・Using the name, image or likeness of entertainers, celebrities or famous individuals for commercial purposes
- Acts that infringe on a third party’s intellectual property rights or industrial property rights (such as patents and trademarks)
- Acts that infringe on image rights, moral rights, privacy rights and other similar rights
Acts that violate or conflict with applicable public offices election laws and regulations in the User’s country
・Pre-election or election campaigns, or similar unlawful acts.
- Acts that are offensive or are likely to be offensive to public order and morals
- Acts that violate or are likely to violate other applicable laws and regulations
- Use false or misleading information for the purpose of registration with the Site, such as using someone else’s Personal Information
- Solicitation for religious, political or other purposes, or invitation to join anti-social groups
- Slanderous or libelous defamation of individuals or entities, or acts that may be interpreted as such
- Obstruct or disrupt business operations, or acts likely to lead to obstruction or disruption
- Criticism of other websites
- Harassment or provocation of other Users, or acts that may be interpreted as such (including intimidation, offensive speech, quarrelsome or verbally abusive tones of speech)
- Commercial advertising or promotion other than that which is officially approved for the Site, or acts that may be suspected as such
- Business or profit-making activities, or preparation for such activities
- Advertising of information relating to job vacancies, job seeking or side jobs
- Using the Site for sale of goods (such as buying and selling, transfer of ownership and making offers), exchange of goods (such as ticket exchange, ticket touting) or conducting auctions
- Business owners or Operator (regardless of whether they are individuals or entities) using the Site to conduct surveys
- Posting of Content of an indecent, violent or obscene nature, or which is inappropriate for individuals under the age of 18 (including sex-industry and gambling related content), creating online communities for such purpose, or providing external links, instructions or suggestions to sites containing such Content
- Posting of Content that other Users may find offensive
- Matchmaking activities or similar acts inducing or encouraging encounters that could possibly lead to prostitution or other sexual or indecent acts
- Acts that constitute ethnic or racial discrimination
- Offering price discounts, acts of introducing or requesting introductions, or collection of donations through the use of the Site
- Posting of content that includes affiliate or referral links
- Using the Site for collecting signatures, multi-level marketing, such as pyramid schemes and chain-selling transactions, and solicitation for dating or matchmaking sites
- Acts likely to glamorize, induce or promote criminal acts, suicide, acts of self-harm, substance abuse or legal violations
- Advance notice of criminal acts, or acts that may be interpreted as such
- Expressing desire or intention to commit suicide, or acts that may be interpreted as such
- Posting information that is the subject of any threatened or actual legal proceedings or other similar complaint
- Using the Site to search for missing persons, animals, articles or other items
- Chain e-mails (including messages such as “Please pass this on to your family and friends etc.”) or acts that may be suspected as such
- Identity theft (pretending to be someone else by assuming that person’s identity)
- Transfer, buying or selling of User Login Information
- Multiple posting, starting multiple threads, or automatic and repeated posting
- Acts of sock puppetry (including acquiring multiple User IDs as preparation for such acts)
- Posting of false or misleading information on the Site
- Posting of meaningless, nonsensical Content or that which may be perceived as test Content (including blank posts)
- Posting of blanks/symbols in place of censored words, or coded or encrypted text or Content that may be interpreted as such
- Posts that include emoticons and/or “emoji” pictograms that span multiple lines, or contain meaningless line-breaks
- Increasing of PV (page views) through excessive refreshing/re-loading or systematic access
- Disruption of the operation of the Site, its networks or systems
- Exploiting the Service of the Site through unauthorized access or attempting to gain access to restricted areas of the Site (including using another User’s User Login Information and Password, and fraudulently manipulating PV (page views) figures and Picks (predictions) points or similar acts for commercial gains.)
- Using or providing harmful programs, such as computer viruses, that carry the risk of limiting or harming the functionality of a computer
- Sending warnings to another User (warnings regarding violations will be issued by the Operator)
- Posting by a User who has previously committed defamatory acts, repeatedly violated these Terms and Conditions, or who is reasonably suspected to have engaged in such acts
- Unlawful collection or storing other Users’ Personal Information
- Posts that are reasonably suspected as preparation for a prohibited act listed above
Article 8 (Suspension of Public Display of Disclosed User Information)
- The User agrees that in the event that the Operator has a reasonable basis to believe that a User may be in violation of Article 7 based on information such as allegations or claims from a third party, the Operator may, at his discretion, and without the consent of the User, temporarily suspend public display of such User’s Disclosed User Information until such time as the Operator is able to make a determination that the situation has been resolved, and possible violation of Article 7 has ceased to exist.
- Following the suspension of the public display of the User’s Disclosed User Information in accordance with paragraph 1, the Operator will request the User to take all necessary actions to correct any violation of Article 7 within a certain period specified by the Operator, and the User must either act according to such request, or take other voluntary actions to correct the violation, within the period specified by the Operator.
- In the event that, within the period specified by the Operator, the violation of Article 7 has not been resolved, the Operator may, simultaneously with a notification to the User, alter or delete the Disclosed User Information in such a way that the Operator deems necessary to correct such violation, and the User agrees not to exercise his rights as the author of the Disclosed User Information or express any objection with regard to such acts by the Operator.
Article 9 (Suspension of User IDs; Deletion of Disclosed User Information; Termination of Service Use Agreement)
The User agrees that in case of the following circumstances, the Operator may, at its discretion, suspend the User’s User ID and delete the
User’s Disclosed User Information.
(１) A violation of Article 5 (User Obligations) has occurred
(２) An act prohibited under Article 7 (Prohibition) has been committed
(３) For the necessity of operational and maintenance management, in particular in case of improper use or overuse of the website by the user and subsequent ignoring of notices from the provider how to reduce usage)
(４) Fraudulent use of the payment method designated by the Operator has occurred
(５) The User’s payments have been suspended or cannot be processed by the payment service company designated by the Operator
(６) A minor has used the Service without the permission of his legal representative
(７) A person who is legally considered to be incapable of taking care of his affairs due to mental or physical limitations has used the Service without the permission of his guardian, conservator, administrator or curator.
- If the Operator suspends the User’s right to use the Service in accordance with the preceding paragraph, provided that the User does not prove within reasonable time of the date of suspension that there was a misjudgment on the part of the Operator, the Operator may give notice of termination in accordance with the prescribed procedures and terminate the User’s Service Use Agreement.
- If a User, who is subject to suspension in accordance with Paragraph 1 of this Article, has been requested by the Operator to take corrective measures within a specified period, and the User has failed to comply with such request, the Operator may give notice of termination in accordance with the prescribed procedures and terminate the User’s Service Use Agreement.
- Notwithstanding Paragraph 3 of this Article, the User agrees that in the event that any of the circumstances set forth in Paragraph 1 of this Article applies to the User, and the Operator determines in good faith that the continued existence of such circumstances interferes with and endangers the execution of the Operator’s business, the Operator may terminate the User’s Service Use Agreement immediately without prior notice, and without waiting for the expiration of the specified period in the request.
- In the event of suspension or termination of the User’s right to use the Service pursuant to Paragraphs 1 to 4 of this Article, the Operator may, at its discretion, delete the User’s User ID. The User agrees that the termination of the Service Use Agreement does not affect the right of the Operator to retain or use his Disclosed User Information in accordance with these Terms and Conditions (in particular Article 10 and 11), or release the User from any obligations or liabilities towards the Operator or any third parties (including but not limited to compensation for damages).
- If a User has multiple User Registrations and User IDs, and one of the User IDs is suspended or one of the Service Use Agreements is terminated in accordance with Paragraph 1 of this Article, the Operator may immediately suspend all the User IDs reasonably determined to belong to the same User.
- Safe for Article 15, Section 5, the Operator is not liable for any damages incurred by the User or any third party as a result of the termination of the Service Use Agreement in accordance with this Article.
Article 10 (Handling of Personal Information, Data Protection Consent)
- The Operator may, as necessary, entrust the handling of Personal Information to a third party service provider in accordance with the applicable data protection requirements.
Article 11（Handling of Disclosed User Information, transfer of userights to the Operator and third parties ）
- The Operator may, at its own discretion, and without prior notice to, or consent of, the User, limit disclosure or delete part or all of the Disclosed User Information.
- The Operator reserves the right, at their own discretion, to review or screen the Content of any Disclosed User Information provided by the User prior to posting such Content on the Site, and, in the event that the Operator determines that the Content violates these Terms and Conditions or might be offensive, illegal or violate the rights, harm or threaten the safety of other Users or any third parties, the Operator may restrict the posting of such Content.
- The User warrants that he is the owner of all intellectual property rights (including but not limited to design rights, copyrights and trademarks) in his Disclosed User Information, or has rightfully obtained permission for use from the holder of such rights, and that he has the legal right to publish and use the Disclosed User Information without violating the intellectual property rights of any person or entity. Safe for Article 15, Section 5, the Operator will have no liability in the event of an infringement claim by a third party with regard to any Disclosed User Information.
- The User will be responsible for his Disclosed User Information, including any damage to property, financial or psychological damage that may result from such information, regardless of whether there was willful misconduct or negligence on the part of the User.
- By posting the Disclosed User Information on the Site, the User grants the Operator a perpetual (surviving the termination of this Service Use Agreement), unrestricted as to territory, royalty-free, irrevocable, nonexclusive, fully transferable and sublicensable right to use, reproduce, modify, adapt, translate, publish, publicly display, transmit to a third party and distribute the Disclosed User Information, in any manner, in any media, in whole or in part, for the Service or other purposes. This includes the right to conduct market research, use the information for advertising and promotional activities, incorporate the information into any advertisements, services or products offered by the Operator, and permit a third party to perform any of the aforementioned acts without compensation to the User.
- The User agrees that third parties authorized by the Operator may perform any of the acts set forth in the preceding paragraph, without notification to the User, or payment or compensation of any kind to the User.
- The User agrees not exercise his moral rights as the author of the Disclosed User Information.
- He further agrees that the Operator may modify or alter the Disclosed User Information without seeking further permission from the User.
Article 12 (Changes, Interruptions, Termination and Discontinuations of the Service, Termination of the Service Use Agreement)
- The Operator may make changes or modifications to the Service at any time if and to the extent that the termination and/or changes or modifications are to be deemed as being reasonable for the Users and shall be made under observation of the User’s legitimate interests. Changes or modifications as well as the termination shall be reasonable if being typical or common and not to the disadvantage of the user against the principles of good faith.
- The Operator may terminate or discontinue the provision and operation of all or part of the Service under the same conditions as set forth in the above paragraph.
- In such cases, the Operator will notify the Users in such manner as deemed appropriate by the Operator; provided, however, that there may be circumstances, such as in the event of an emergency, where the Users will not be notified.
The Operator may in particular temporarily interrupt part or all of the Service, without giving prior notice to the User, in case of the following
(1) When conducting regular or emergency maintenance for any of the hardware, software or communication devices and equipment etc. used in connection with the provision of the Service
(2) When the services of telecommunication carriers are not available
(3) When provision of the Service is difficult due to force majeure such as natural disasters etc.
(4) When provision of the Service is difficult due to fire, power outages or other unforeseen accidents
(5) When provision of the Service is difficult due to wars, disputes, civil unrest/upheaval, riots and labor disputes etc.
- Safe for the other provisions of this article and further rights of the Operator to terminate the Service Use Agreement in whole or in part according to these Terms and Conditions the Operator shall be entitled to terminate the Service Use Agreement at any time without cause (ordinary termination) with a notice period of one (1) month in textual form (e.g. email).
- Safe for Article 15, Section 5, the Operator is not liable to the Applicants, Users, or any third party, as a result of any changes, interruptions, termination, and discontinuations of the Service pursuant to Paragraph 1 to Paragraph 3 of this Article.
Article 13 (Usage and Payment of Fee-based Service)
Usage fee is required for some parts of the Service. Details relating to usage fees and the method of payment are published on the Site and agreed between upon separate terms that shall govern the provision of fee-based services.
Article 14 (Reservation of Rights)
- All intellectual property rights including copyrights associated with the Content provided by the Operator is owned by, or licensed to, the Operator. The Users may not and may not allow anyone to use or publicly display the Content without obtaining permission from the Operator and third party licensors, including without limitation copying, uploading, posting or publishing any Content onto any Internet, Intranet, or Extranet site, incorporating any of the same into other database or compilation, or using with any information, retrieval or provision service, creating derivative works from, or in any way exploiting the Content or any feature thereof unless required to use the Service. Furthermore, the User may not use the Content for any purpose exceeding the scope of allowed personal use as prescribed in applicable copyright laws and regulations of the User’s country.
- In the event that a dispute should arise as a result of the User’s violation of this Article, the User should resolve such dispute at his own cost and responsibility, and not cause any inconvenience or damage to the Operator or any third party licensors.
- All marks that appear on the Site, including trademarks, logos, designs, icons, graphics, scripts and service marks (collectively referred to as “Trademarks”), are either registered or unregistered Trademarks of the Operator or a third party licensor. The Operator does not, by way of these Terms and Conditions, transfer ownership to, or permit use of, the Trademarks by the User or any other party.
- The User may not (i) copy, imitate, alter or use the Trademarks in whole or in part, (ii) use the Trademarks in any way likely to cause confusion in the minds of others, (iii) register any unregistered Trademarks appearing on the Site, (iv) take any actions to register any patent rights, utility model rights, design rights or trademark rights (including the right to receive patent or utility model rights) used in connection with the Service, (v) apply for or try to transfer any such rights the User is not entitled to, in particular copyrights (including the rights to programs, documents, routines and modules), or (vi) in any way exercise any such rights without being legally entitled to.
Article 15 (Indemnity; Limitation of liability)
In addition to any specific indemnity provisions set forth in these Terms and Conditions, the User agrees to indemnify, defend and hold harmless the Operator from and against all claims, losses, expenses, costs (including reasonable legal fees), direct, actual, incidental, consequential, special, exemplary or other indirect damages (the “Damages”) resulting from the User’s use or misuse of the Service and Site, or any violation by the User of the Service Use Agreement, including but not limited to any Damages to the Operator resulting from any of the matters set forth in Paragraphs 1 through 4 of this Article if and to the extent that the User is responsible for any such Damages. Article 15, Section 5 shall remain unaffected by the provisions set forth in Paragraphs 1 through 4 of this Article.
- The Operator will not take part in the communication or other activities among fellow Users. Should a dispute occur between any Users, such dispute should be resolved between the Users themselves, and the Operator reserves the right to monitor such dispute but will not be involved in or be liable in any manner with respect to such dispute. If a User has a dispute with one or more Users, the User agrees to release, defend and hold harmless the Operator with respect to any claims, demands and damages arising out of or in any way connected with dispute and the User’s access to, or use of, the Site and Service.
- In the event that a dispute occurs between the User and a third party, the User should be responsible for resolving the dispute, and the Operator reserves the right to monitor such dispute but will not be involved in the dispute in any manner. Furthermore, in the event that such third party incurs any damages, the User will be responsible for such damages, and the Operator will not be liable in any manner with respect to such dispute. If a User has a dispute with a third party, the User agrees to release, defend and hold harmless the Operator with respect to any claims, demands and damages arising out of or in any way connected with the dispute and the User’s access to, or use of, the Site and Service.
- The Site and Service are furnished to the Users for information and reference purposes only, and do not constitute a solicitation, a recommendation, or an offer to make an investment in, or to purchase or sell any specific products. The final decision as to any investment should be made by the User based on his own judgment, and the Operator is not involved in such decisions, and assumes no liability for any loss or damage or, in particular, for lost profit, which the User may incur as a result of the use of the Site or Service and the information provided therein.
- The information furnished on the Site may include projections, opinions, assumptions, estimates and forecasts relating to future business performance and events, which are intended as examples only, will be provided by other Users or external information providers and do not represent the Operator’s predictions about the current or future performance of any company or its securities, or any investment products. The Operator makes no warranty regarding the accuracy or reliability of such information, and has no liability for any damage of any kind arising out of reliance on such information, and is not obligated to update or correct any information.
The Operator shall be liable for Damages in the course of providing the Site and the Service, in particular such damages arising out of the use or
inability to use the Site, the Service, or any transaction conducted through or facilitated by the Site, any claim attributable to errors, omissions or
other inaccuracies in the Site or the Service, any claim relating to the use of Trademarks or other intellectual property in connection with the
Service, or any other matter relating to the Site or the Service, regardless of the cause and whether in contract, tort or otherwise as follows:
The liability of the Operator for damages caused by wilful misconduct or gross negligence as well as for any harm to life, limb or health, in case of a guaranty for the quality of the contractual services or under the Austrian Products Liability Act shall be unlimited.
The liability of the Operator for damages caused by mere negligence shall be excluded unless the liability is based on a breach of major obligations ( wesentliche Vertragspflichten; Kardinalpflichten”).
- The Operator makes no express or implied warranties or representations with respect to the Site, the Service or the Content, which are provided on an “as is” basis. The Operator expressly disclaims all warranties of any kind, express, implied, or otherwise, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Site, the Service, or the Content furnished or to be furnished via the Site. The Operator does not warrant that the functions performed by the Site or the Service will be uninterrupted, timely, secure or error-free, or the information on the Site is complete, true, accurate or misleading. Section 5 of this Article 15 shall remain unaffected.
- The User agrees and understands that any market data information provided is the property of the Operator or the respective information providers, such as securities exchanges, and therefore may be subject to conditions of use, delay and the like by such information providers, and is controlled by all copyright and other interests maintained by such information providers.
Article 16 (Amendment of Terms and Conditions)
As deemed necessary by the Operator, the Operator may from time to time, make modifications, additions or deletions to these Terms and Conditions.
Changes that are beneficial or neutral for the User will come into effect when the amended Terms and Conditions are disclosed on the website and/or respective notification has been made to the user (e.g. by email in textual form or display with the next log-in).
All other changes or modifications to the Terms and Conditions will be communicated to the Users by textual form (“Textform”, e.g. by email), at the discretion of the Operator, either during the log-in for acceptance and/or two (2) month prior to when the amendments shall come into effect. In the latter case, the amended Terms and Conditions shall be deemed accepted if the User does not object towards the Operator within one (1) month starting with the delivery date of the Operator’s notification in textual form (“Textform”, e.g. by email) whereas the date of sending the objection shall be relevant. The Operator will notify the User of the User’s right to object and the consequences when not exercising the right to object by the time the changes or modifications to the Terms and Conditions are communicated to the User.
In case that the User objects to the amended Terms and Conditions the Operator shall be entitled to terminate this agreement and the provision of services to the User according to Article 12 Paragraph 5 of these Terms and Conditions.
Article 17 (No Waiver)
No waiver by the Operator of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Article 18 (Governing Law)
These Terms and Conditions, Service Use Agreement and any disputes arising out of or in connection with them and their formation or execution shall be governed and construed in accordance with the laws of the Republic of Austria, whereas its conflict of law provisions and the UN Convention on Contracts for the International Sales of Goods (CISG) shall be excluded.
Article 19 (Agreed Jurisdiction)
In the event that any dispute should arise between the User and the Operator, it will be discussed in good faith between the parties, and if not resolved through discussion, any dispute arising out of or in connection with these Terms and Conditions and the Service Use Agreement will then be subject to the exclusive jurisdiction of the competent courts of Kufstein, Austria if the Applicant or User is a merchant, legal person under public law, or special asset (Sondervermögen).
Article 20 (Language-specific Terms and Conditions)
The relevant contractual terms and explanation during the registration process are available in German and English language. The contractual relationship shall be governed by the language version of the Terms and Conditions that conforms to the language in which the registration was made. Respective information and the relevant documents will be made available to the user in the log-in area.