- iving liquid Software GmbH, a private limited company with its registered seat in Innsbruck, Austria, is the provider and operator of the Platform ("Provider").
- The Platform can be used (i) by providing an e-mail address; (ii) by creating an account, using the Platform's registration form ("User Account"), not both possibilities might be available instantly. The provision of certain data is mandatory for the creation of a User-Account. Alternatively, Users can register and log-in to the Platform through existing social-media profiles (facebook etc), by making available to Provider the respective log-in information for the social-media profile in a designated input mask.
- In the registration process for a User-Account, Users will also be asked to choose a password for future log-ins to the Platform.
- User is at all times responsible for the completeness and accuracy of the data provided and has to update the same if need be. User is furthermore responsible to keep the password for accessing the Platform confidential and not to disclose or make the same available to any third party. Provider does not accept any responsibility or liability in connection with insufficient security of a chosen password, loss, fraud or similar.
- The User-Account and/or the User's rights in respect of the Platform or the Software are personal and not transferrable. The User-Account must not be used for purposes that violate against applicable laws. Automatically generated registrations, multiple applications or spam-applications are inadmissible. Provider explicitly reserves the right to block or delete such User-Accounts. User is not entitled to any claims against Provider on the basis of such measures.
RIGHTS IN THE PLATFORM / SOFTWARE
- The Platform and the Software contain elements and content which do or may enjoy protection (pursuant to e.g. Copyright and Allied Copyright Law, Trademark Law, Patent / Utility Model Law, Design Law, Competition Law or other laws) for the benefit of Provider or co-operation partners of Provider (with the exception of possible open-source elements referred to above). Provider and its co-operation partners expressly reserve(s) any and all rights in and to the same. Any use of these elements and content (or parts thereof), extending beyond what is necessary for using the Platform or Software by User under normal circumstances, is inadmissible without the prior written consent of Provider. This applies in particular, but without limitation, to the Software (excluding possible open-source elements), names, trademarks and other marks/signs, content, layout, design and interface of the website and the Platform, databases, videos, photographs, texts and graphics.
USING THE PLATFORM, USER-CONTENT
- The Platform allows users to upload (on the Provider's servers), enter, transmit and make publicly available own photographs (in particular: panoramic-images), videos, graphics, renderings (including all meta-data, like EXIF-data) on the Platform ("User Content"). After providing an e-mail address and successful upload of User-Content ("upload"), User has the possibility to add titles and denominations ("pano title") to the single elements, to change the order of their appearance and to add a comment. In addition thereto, User can enter e-mail addresses of up to ten (10) addressees ("add friend"), which will be granted access to the User-Content through a respective link. By clicking the button "create pano", a preview (with a watermark) will be created and User is given the possibility to review the User-Content and to cancel the process if necessary ("decline"); only by clicking the button "publish", a final image and the respective link will be generated and it is not before this, that the e-mail message including the link will be sent to the e-mail addressee(s).
- In the free version of the Platform, the link to the User-Content will remain valid and functional for a certain amount of time (as stated individually), but will become invalid after lapse of the specified time. The User or third parties cannot access the User-Content when the time has so lapsed. User is aware of that and will – if considered necessary or useful – take appropriate measures the save and store User-Content outside of the Platform. Provider may offer User (on the Platform or by e-mail to the e-mail address specified by User) to extent the time the link is functioning and valid against payment of a fee.
- Alongside the free version of the Platform, a paid version will be offered in various configurations. This paid version is different from the free version insofar as the generated links to the User-Content will be active and functional for a longer period or without time restriction. Prices and methods of payment concerning the paid version will be communicated on the Platform and are subject to change. In case of doubt, all prices are understood as being subject to an indexation clause on the basis of the Consumer Price Index 2015 ("Verbraucherpreisindex"), published by Statistik Austria (or an index published in lieu thereof). Prices therefore change according to the changes of the Consumer Price Index 2015 vis-á-vis the value published for the calendar month in which the paid service was concluded by User. Any (single or repeated) failure or neglect by Provider to assert or enforce an adaptation based on the indexation clause shall not be deemed to be a waiver of Provider's rights.
- User hereby acknowledges that such User-Content may potentially be perceived by an unlimited, indeterminable number of persons worldwide. User-Content may also be further distributed ("shared") and made publicly available by other users and e-mail addressees through other applications, in particular social-media platforms. In the free version of the Platform the User-Content may, however, not be accessible after lapse of the specified time; a respective notice will then appear ("link expired" or similar).
- With the Platform, Provider only provides a forum. User bears the sole responsibility for its User-Content (including its title/denomination, description and comments, content as well as relating information). Provider does not embrace User-Content and does not assume any responsibility, warranty or liability for the lawfulness, correctness, completeness or accuracy of User-Content or for freedom from third-party-rights. User-Content is in particular not subject to any pre-examination or categorisation in terms of legality or content by Provider.
- User-Content (including its title/denomination, description and comments, content as well as relating information) must not, at any time, violate against applicable laws or established principles of morality and must not contain any content which constitutes a criminal offense, is pornographic, liable to corrupt the youth, glorifying violence, shocking, immoral, indecent or similar. User-Content must not threaten, disparage, denounce, insult and/or put into an incorrect, inappropriate and/or misleading context, any user, persons/group of persons, religions/religious communities, entities, trademarks, products or similar. User-Content also must not contain any direct and obvious product-placement or convert advertising. The same applies to descriptions left in the context of User-Content or sent with User-Content.
- Provider is under no obligation to examine User-Content in respect of its lawfulness but reserves the right to immediately delete or block User-Content (as well as similar infringements) so that the same cannot be perceived within the Platform, should any third party assert an infringement (of rights) and/or claim own rights in and to the User-Content ("notice-and-takedown"). Provider is not obligated to verify the entitlement of such third party and/or the asserted infringement (of rights). User is not entitled to any claims against Provider on the basis of such measures.
- User hereby guarantees, represents and warrants, that:
- User-Content has been generated and created by User, has not been copied and User holds all necessary rights in respect of the User-Content provided (including its content, title/denomination and description) and has the power and authority to grant the rights hereunder to the extent that the User-Content can be used by Provider and the e-mail addressee(s) accordingly;
- User-Content (including its content and title/denomination) is clear and free of rights of any third party and (User-Content, its transmission / making available, distribution, dissemination or use) does not violate against any third party rights. This includes, without limitation, Intellectual Property Rights (copyrights and allied copyrights, synchronisation rights, patent rights, designs rights, trademark rights) personality rights (including moral rights under copyright, rights to be named as creator / inventor and similar rights), interests in confidentiality and securities;
- User-Content has not been created, generated and/or made available by infringing applicable laws, contractual provisions or any limitations (e.g. house-rules, access restraints or the like);
- all data and details provided in respect of the User-Content (e.g. description, names of co-authors/co-creators etc) are correct and complete and can be used and disseminated by Provider and all related moral rights under copyright, rights to be named as creator / inventor and similar rights have been observed and properly communicated by User;
- User-Content is free of any defects, viruses, computer-worms, malware, spyware or any other potentially detrimental elements for the Platform and/or the Software and the systems of e-mail addressee(s);
- User is authorized to send the link to the User-Content (as well as potential advertisements) to the e-mail addressee(s) and that such dissemination is in conformity with applicable laws (including, without limitation, the Telecommunications Act – "Telekommunikationsgesetz"/"TKG", the E-Commerce-Act – "E-Commerce Gesetz"/"ECG", the Consumer Protection Act – "Konsumentenschutzgersetz"/"KSchG") and no limitations exist in respect of such transmission (e.g. entry in the "Robinson-List" or similar);
- the e-mail addressees are in any way able to perceive the User-Content, in particular are in a suitable constitution and general condition (owing to the way of representation, the viewing by persons who suffer from epilepsy or other neurological diseases might be unsuitable).
- User agrees to fully indemnify and hold harmless Provider, its co-operation partners as well as their respective organs, employees, representatives, agents and/or vicarious agents from and against any claims of third parties asserted in direct or indirect connection with the User-Content (including its content, title/denomination or description) or its transmission, making available, dissemination or use by Provider, other users, e-mail addressees or successors / licensees which are directed against Provider and/or co-operation partners (including their respective organs, employees, representatives, agents and/or vicarious agents). This includes any associated costs (e.g. legal costs).
- User is fully aware of and agrees that the User-Content provided may still be available and retrievable even after deactivation or deletion of its User-Account. Provider is authorised to store and archive data (including personal data) of User also after deactivation / deletion of the respective User-Account if need by, to the extent legally permissible and necessary for legitimate business-interests of Provider. Provider is, however, by no means obligated to store or preserve User-Content or data and may therefore delete such User-Content or data. Provider assumes no responsibility or liability in connection therewith.
- Use of the Platform is on a Fair-Use-Basis. Provider reserves the right to delete or block User-Content temporarily or permanently and/or to block or delete any User-Account, should Provider become aware of Users or groups of Users occupying (at a certain time or over a certain duration) a disproportionately high amount of storage capacity. User is not entitled to any claims against Provider based on such measures.
- Use of the Platform by User is for non-commercial purposes only. User hereby agrees (i) not to use the Platform for own commercial purposes or for commercial purposes of any third party without the Provider's written consent; (ii) not to engage in any advertising or sponsoring on the Platform and not to use or sell affiliate-URLs or similar.
NON-EXCLUSIVE GRANTING OF RIGHTS
- User remains the author under copyright and owner of its User-Content and retains the rights therein. With transmission / making available of the User-Content, User grants Provider and the e-mail addressee(s) the royalty-free, non-exclusive right to use the User-Content by any all means now known or hereafter devised, without limitation as to time, geographical extent or content, in any and all media, by any process and any quantity. This includes, without limitation, the right to copy and reproduce, save, distribute, disseminate, rent/lend, display, broadcast, publicly perform, make publicly available (through wire or wireless) User-Content (and/or parts thereof), as well as to synchronise the User-Content with other works of similar or different nature, to adapt and edit the same to the fullest extent, to shorten and modify the User-Content and to use such adaptations in the aforementioned manner.
- Provider has the right to transfer the rights granted hereunder for valuable consideration or free of charge and/or to grant sublicenses or similar limited rights to any third party. Provider is entitled but not obligated to make use of the User-Content in the aforementioned manner. This granting of rights to Provider does not limit in any way Provider's potentially existing rights in or to the User-Content (e.g. pursuant to other existing agreements).
- Provider is in particular authorised to permit other users of the Platform and e-mail addressees the use of User-Content.
WARRANTY, LIMITATION OF LIABILITY
- The Platform and Software are provided on an "as is" basis, without warranty of any kind. Provider accepts no responsibility and assumes no liability for (i) a particular characteristic, suitability, merchantability or fitness for a particular purpose of the Platform or the Software, (ii) uninterrupted or error-free availability and accessibility of the Software or the Platform or the possibility of access or interaction, (iii) transmission-, hardware-, software- or network-errors, (iv) lost, damaged, incomplete, corrupted or delayed transmission of User-Content or other data, (v) availability or accessibility of User-Content, in particular – but without limitation – after lapse of the specified time, (vi) the conduct of other users of the Platform, (vii) attacks or access by unauthorised third parties within the Platform or by external parties.
- Provider reserves the right to interrupt (in part or in full) the operation of the Platform at any time and without prior notice (e.g. for maintenance works, updates etc) or to cease the operation of the Platform altogether. The latter may lead to a deletion of User-Accounts, User-data, User-Content and other settings or data from the Platform and/or that the same cannot be accessed (by User and/or third parties) any more. User is not entitled to any claims against Provider based on such measures.
- The liability of Provider and User for ordinary negligence, consequential damages, indirect damages, third-party damages, immaterial damages and for loss of profits is hereby excluded.
- Exclusions or limitations of liability of Provider apply also to the liability of co-operation partners and their respective organs, employees, representatives, agents and/or vicarious agents.
LINKS, THIRD-PARTY-CONTENT, ADVERTISING
- The Platform may contain links to other websites, advertisements (e.g. in the form of banners or placements), offers or the like of third parties ("Third-Party-Content"), which do not originate with Provider and are not controlled by Provider. Provider does not embrace Third-Party-Content and does not assume any responsibility, warranty or liability in respect of the same, offered products, services or information or the secure / risk-free access or retrieval of the website the link is leading to. The access, retrieval and utilisation of such Third-Party-Content is at User's sole responsibility and risk.
- Provider retains the right to place advertisements within the Platform and/or in connection with the making available and sending/disseminating of User-Content (e.g. through "pre-roll-advertising", "post-roll-advertising" or similar), which will be visible by User as well as e-mail addressees.
- Any placement of advertisements will be selected by Provider, any and all limitations of liability and restrictions for Third-Party-Content shall apply to such placements.
- The paid-version of the Platform will include fewer placements of advertising.
- User hereby explicitly agrees to be contacted by Provider via e-mail, also for advertising purposes. Such e-mail communication may include newsletters, advertising for own services and/or advertising for products or services of advertising partners. User can revoke this consent with future effect at any time: firstname.lastname@example.org.
LINKS, THIRD-PARTY-CONTENT, ADVERTISING
- The following personal data of the User can be collected and processed by Provider in the course of use of the Platform / Software or the registration process: (i) name, (ii) e-mail address, (iii) photographs (if individual-related), (iv) meta-data of User-Content (e.g. GPS-location data).
- By accessing or using the Platform / Software, the following (partly personal) data may also be transmitted to and processed by Provider: (i) log-data like IP-address, date and time of access, information concerning the operating system and the internet browser used, website, from which the access occurred ("referrer-URL"), (ii) cookies, (iii) location-specific information and information about the device used (depending on the settings of the device), (iv) photographs.
- Furthermore, User has the possibility to connect its User-Account with existing profiles of other social-media platforms (e.g. facebook, Google+, Twitter, Pinterest, Instagram etc) and register through these social-media profiles on a voluntarily basis and in User's own responsibility. Depending on the respective settings in the social-media profiles, further personal details and data might be transmitted to Provider or Provider can access these (e.g. further personal and other data, contacts, photographs, videos, comments, postings, likes etc); and vice versa, personal or other data in the context of the Platform (including User-Content) might become accessible and visible in these other social-media platforms for the specified group of people. Provider cannot assume any responsibility or liability in this context, because the respective settings in such social-media profiles can only me made by the User. User should therefore exercise utmost caution and examine the settings and respective privacy policies thoroughly, before deciding to make such a connection or User should disconnect the same.
- Personal data of User will be used by Provider solely for the purposes of providing the services to users, for maintenance and improvement of services in the context of the Platform and the Software. User's personal data will not be transferred to third parties (unless User has given its authorisation).
- In the case of insolvency proceedings or a merger, takeover, restructuring or a sale of assets of Provider's undertaking, personal data can be transmitted and/or transferred in such transaction. The provisions of this section apply also to data which are transmitted in such transaction and/or to a new legal entity.
- User has the right to demand from Provider information, about how its personal data is used at any time and to correct such personal data if necessary. User also has the right to withdraw its consent in respect of the use of its personal data, being contacted by Provider via e-mail as well as the use of analysis- and tracking-tools for the future. Please direct any such requests to the following address: email@example.com.
APPLICABLE LAW, VENUE, CHANGES