TERMS OF USE / DATA PROTECTION REGULATIONS ILUMINA CIRCLE

Please read the following Terms of Use and Data Protection Regulations carefully, they contain important points. You should only use the services if you agree with these Terms of Use and Data Protection Regulations.

SCOPE

  1. These Terms of Use regulate the registration process, access and use of the platform “ILUMINA CIRCLE”, which is available web-based (at *.ilumina-circle.com) (“Platform“).

  2. The provider and operator of the Platform is Rothirsch Tech. GmbH, based in Austraße 16, 6200 Jenbach, Tirol/Österreich (“Provider“)

  3. Natural persons who have accepted the present Terms of Use and Data Protection Regulations, who observe them continuously and who have provided their data correctly and completely in the registration process (“User“, designating both the female and the male form) are entitled to use the Platform.

  4. Any violation of the Terms of Use or Data Protection Regulations may result in the temporary or permanent removal of User Content (clause 16.), blocking or deletion of the User account (clause 5.) and/or exclusion of the User from the Platform at the Provider’s discretion. Claims of the affected User against the Provider as a result of such a measure shall be excluded.

USE, REGISTRATION, USER-ACCOUNT

  1. The Platform can be used by creating an account via the registration form of the Platform (“User-Account“). The entry of certain data is mandatory for the creation of a User-Account.

  2. Within the context of creating a User-Account, the User will also be asked to select a password for future access to the Platform.

  3. The User is solely responsible for ensuring that the data provided is complete and correct at all times and is under an obligation to update the data if necessary. Furthermore, the User is responsible for keeping the password for access to the Platform secret and not disclosing or making the same available to third parties. The Provider assumes no responsibility or liability in connection with insufficient security of a chosen password, loss or misplacement of the password, misuse or the like.

  4. The User-Account and/or rights of the User in connection with the Platform are not transferable. The User-Account must not be used for purposes that violate applicable law. Automatically generated registrations, multiple registrations or spam registrations are not permitted. The Provider expressly reserves the right to block or delete such User-Accounts. Claims of the affected User against the Provider as a result of such a measure shall be excluded.

RIGHTS TO THE PLATFORM / SOFTWARE

  1. The Provider grants the User a limited, personal, non-exclusive, non-transferable, non-licensable and at any time freely revocable license to use the Platform in accordance with these Terms of Use and Data Protection Regulations. All rights in and to the Platform remain with the Provider.

  2. The Platform contains elements and contents which are or may be protected for the benefit of the Provider or cooperation partners of the Provider (e.g. pursuant to copyright law / neighboring rights, trademark law, patent/utility model law, design law, competition law or other). The Provider and its cooperation partners expressly reserve all rights thereto. The use of these elements and contents (in whole or in part) beyond the usual and necessary use of the Platform by the User is not permitted without the prior written consent of the Provider, which the Provider is free to withhold. This applies in particular, but not exclusively, to the software (with the exception of any open source elements), brands, names and trademarks, content, layout, design and interface of the website and the Platform, databases, videos, photographs, texts and graphics.

USE OF THE PLATFORM, USER-CONTENT

  1. Various interactions are made available on the Platform, such as (i) marketplace, (ii) event portal, which can be used by its Users

  2. Bartering can be carried out on the Platform, whereby so-called “CIRCLEs” can be used as means of exchange; these have a fixed equivalent value to the legal tender of the Euro, but are not an official currency and can only be used on the Platform (“CIRCLE / CIRCLEs“).

  3. CIRCLEs can either be bought or earned through various promotions, the details of which will be announced within the Platform. Various services of the Provider (e.g. the placement of an event announcement in the event portal) can be exchanged for the number of CIRCLEs specified in the individual case.

  4. At the so-called marketplace, Users have the possibility to offer their own goods or services to other Users within the Platform. In such a case a possible contractual relationship is established exclusively between the respective Users and the Provider only provides the forum for such transactions. The Provider does not assume any liability or warranty in connection with such transactions, all claims (contractual or otherwise) are exclusively between the Users involved in the transaction in question. All elements uploaded in connection with such offers shall be deemed User-Content (as defined below). Offering goods (or services) that violate applicable law or these Terms of Use is prohibited.

  5. CIRCLEs can also be used to promote the activities of the Provider for the Platform by transferring CIRCLEs to the Provider.

  6. The Platform allows Users to interact and exchange with each other – in this context, Users can enter various content on the Platform or upload it to the Platform (i.e. to the Provider’s servers) (in particular, but not exclusively, texts, photographs, videos, graphics and combinations thereof) and thus make it publicly available (“User-Content“).

  7. The User is aware that User-Content can potentially be perceived by an unspecified, unrestricted number of people worldwide and can also be further shared by other Users within other applications such as social media applications in particular and thus distributed and made publicly available.

  8. The Provider only provides the platform as a forum, the responsibility for the User-Content (including its title/designation, description, comments and content as well as related information) lies exclusively with the respective User. The Provider does not adopt the user content as its own and assumes no responsibility, warranty, guarantee or liability for its legality, accuracy, completeness, truthfulness or freedom from third-party rights. In particular, User-Content is not subject to any preliminary examination, sorting or categorisation by the Provider in terms of content or legal assessment.

  9. User-Content (including its title/designation, description, comments and content as well as related information) must not at any time violate applicable law or accepted principles of morality and in particular must not contain any pornographic, youth-endangering, racist content that is punishable under administrative or criminal law or contain content that glorifies violence, is shocking, immoral, offensive or similar. User-Content furthermore must not threaten, disparage, expose, insult and/or place users, persons/groups of persons, religions/religious communities, companies, brands or products or the like in a false, inappropriate and/or misleading context. The same applies to descriptions / comments left in connection with User-Content.

  10. The Provider is not obliged to assess the legality of User-Content, but reserves the right to remove User Content (as well as similar violations) immediately or to block it in such a way that it is no longer perceptible within the Platform temporarily or permanently (“notice-and-takedown”) if a third party asserts rights to the User-Content and/or claims a violation of laws. The Provider is not obliged to assess the entitlement of the third party and/or the alleged (legal) infringement. In connection with such a measure, the User shall not be entitled to any claims whatsoever (in particular, but not exclusively, for damages) against the Provider.

  11. The user hereby guarantees, represents and warrants that:

    1. User-Content originates from the User itself, has not been copied and the User has all necessary rights to the User-Content made available (including its content, title/designation and description) and is entitled to grant rights in accordance with these Terms of Use to the extent that the User-Content can be used accordingly by the Provider;

    2. User Content (including its content and title/designation) is completely free of third-party rights and (through User-Content, its transmission/provision, publication, distribution or use) does not infringe any third-party rights. This includes in particular, but not exclusively, intellectual property rights (patent rights, design rights, trademark and other labelling rights, copyright, trade secrets, ancillary copyrights, synchronisation rights), personal rights (including moral rights, rights of creator/inventor and similar rights), confidentiality interests and security rights;

    3. User has been irrevocably authorised by any co-authors/co-creators and other possibly authorised parties to use the User-Content in accordance with these Terms of Use and to grant the Provider and other Users the corresponding rights thereto;

    4. User-Content has not been created and/or made available in violation of applicable law, contractual provisions or restrictions (such as house rules, access restrictions or the like)

    5. User-Content and/or the transmission/provision of the same does not violate existing confidentiality obligations or other contractual obligations of the User and does not conflict with the granting of rights pursuant to these Terms of Use;

    6. User-Content (including its content and title/description) does not violate clause 19. of these Terms of Use;

    7. Any and all data and details provided concerning the User-Content (such as description, names of possible co-authors/co-creators, etc.) are correct and complete, can be used and published by the Provider and all related moral rights, rights to creator/inventorship and similar rights have been respected and passed on by the User;

    8. User Content is free of errors, viruses, worms, malware, spyware or other potentially harmful content for the Platform and/or software

  12. The User undertakes to indemnify and hold harmless the Provider, its cooperation partners as well as the organs, employees, representatives, agents and/or vicarious agents of the Provider and the cooperation partners with regard to any and all claims of third parties which are asserted in direct or indirect connection with User-Content (including its title/designation, description and content) or its transmission, provision, dissemination or use by the Provider or its legal successor/licensees against the Provider and/or cooperation partner (its organs, employees, representatives, agents or vicarious agents respectively). This also includes all associated costs (e.g. for appropriate legal fees).

  13. The User is aware and agrees that even after deactivation or deletion of its User-Account, User-Content provided may still be available and retrievable. The Provider is entitled to continue to store and archive data (including personal data) of the User as well as User-Content, if necessary, even after deactivation/deletion of the User-Account, to the extent that this is required and permissible by law or for legitimate business purposes of the Provider. However, the Provider is under no circumstances obliged to store User-Content or data of the User and may therefore also delete the same. The Provider assumes no responsibility or liability in this context.

  14. The use of the Platform is granted on a fair-use basis. If the Provider becomes aware that a User / group of Users occupies a disproportionate amount of storage space (at a certain time or over a certain period of time), the Provider reserves the right to remove or delete User-Content in whole or in part and/or to temporarily or permanently block or delete a certain User-Account. Claims of the affected User against the Provider as a result of such a measure shall be excluded.

NON-EXCLUSIVE GRANTING OF RIGHTS

  1. The User remains the author and owner and retains the rights to its User-Content, but with the transmission / provision of User-Content grants the Provider the non-exclusive, right to use the User-Content for all present and future known uses in all media in any type of procedure and quantity, free of charge with no limitation as to time, content or territory. This includes in particular, but without limitation, the right to reproduce, store, distribute, rent / lend, display, broadcast, publicly reproduce and perform the User Content (and/or parts thereof), make it available to the public (wireless or wire-bound), as well as to combine (synchronise) it with works of the same or different type, to edit it, adapt it and shorten it, divide it and change it, and to use the results thereof in all of the aforementioned ways.

  2. The Provider is entitled to transfer the rights hereby granted to him against remuneration or free of charge and/or to grant sublicenses or similar limited rights of use to third parties. The Provider is entitled but not obliged to use User-Content in the manner described. The granting of rights in question in no way impairs or limits any other existing rights of the Provider to User-Content (e.g. through the existence of other agreements).

  3. In this context, the Provider is in particular entitled to allow other Users of the Platform and e-mail recipients to use such User-Content.

WARRANTY, LIMITATION OF LIABILITY

  1. The platform is provided on an “as is” basis. The Provider does not warrant or assume any liability for (i) any specific feature, suitability or fitness of the Platform for a particular purpose, (ii) the uninterrupted or error-free availability of the Platform or the possibility of access or interaction, (iii) transmission, hardware, software or network errors, (iv) lost, damaged, incomplete, altered or delayed transmission of User-Content or other data, (v) availability or retrievability of User-Content, (vi) the behaviour of other Users of the Platform, (vii) attacks or access by unauthorised third parties within the Platform or from outside.

  2. The Provider reserves the right to interrupt the operation of the Platform at any time and without prior notice, in whole or in part (e.g. for maintenance work, updates, etc.) or to discontinue its operation. The discontinuation may result in the deletion of User-Accounts, user data, User-Content and other settings or data on the Platform and/or in the inability to access the same (by the User and/or third parties). The User may not assert any rights or claims against the Provider from an interruption or discontinuation.

  3. Insofar as the liability of the Provider according to these Terms of Use is not excluded and as far as legally permissible, the Provider shall only be liable for intent and gross negligence and only for typical and foreseeable and only for direct damages.

  4. Insofar as the liability of the Provider is effectively excluded or limited, this shall also apply to any personal liability of its cooperation partners as well as their organs, employees, representatives, agents and vicarious agents of the Provider.

LINKS, THIRD PARTY OFFERS, ADVERTISING

  1. The Platform may contain links to other websites, advertising (for example in the form of banners or advertisements), offers or similar from third parties (“Third Party Offers“), which do not originate with the Provider and are not controlled by the Provider. The Provider does not adopt the contents of such third party offers as its own, does not assume any responsibility in connection with such Third Party Offers and does not provide any guarantee for the services, products or information offered or the safe / secure access to or operation of the website accessible via the link. The access to and use of third party offers shall be the exclusive responsibility and risk of the User.

  2. The User agrees to be contacted by the Provider by e-mail also for advertising purposes; this e-mail communication may include newsletters, advertising for the Provider’s own services as well as for services / products of advertising partners. The User can revoke this consent at any time with effect for the future: privacy@rothirsch.tech

GOVERNING LAW AND JURISDICTION, RIGHT TO AMEND

  1. These Terms of Use and Data Protection Regulations shall be governed by the laws of the Republic of Austria, excluding its conflict-of-laws-provisions of private international law. The exclusive place of jurisdiction in connection with all legal disputes arising directly or indirectly from these Terms of Use or Data Protection Regulations, as well as the Platform or software and its use, is agreed to be the competent court for 6020 Innsbruck. This applies subject to legal restrictions, in particular applicable consumer protection legislation.

  2. The Provider reserves the right to change the Terms of Use and Data Protection Regulations and to make the current version available on the Platform and to inform the Users thereof at its discretion. Continued use of the platform shall then be subject to the amended version of the Terms of Use / Data Protection Regulations. Users are, however, free to deactivate or delete their User-Account if the User does not agree with the application of the amended Terms of Use / Data Protection Regulations.

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