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Terms & Conditions

E-Cards

General Terms and Conditions in respect of "Mein Tirol"

Last altered: 17.10.2007

1. Preamble

a) The Tirol Werbung GmbH (hereinafter in brief "operator") operates an Internet platform as part of the www.tirol.at website and all relevant sub-websites or local sites.
b) As part of this Internet platform the operator provides voluntarily, without obligation, free of charge and without any responsibility whatsoever the service "Mein Tirol". This service is in particular intended to enable the active participation of "Mein Tirol" users (hereinafter: users) in the contents of the website www.tirol.at.
c) Prerequisite for the use of this service is the user's registration with "Mein Tirol". By this registration or the use of the interactive service the user explicitly recognizes as binding the Conditions of Use / General Terms and Conditions stated here (hereinafter in brief: GTC).
d) The provision of the "Mein Tirol" service is entirely without obligation on the part of the operator. The latter is at any time entitled to wholly or partially alter "Mein Tirol" with immediate effect, without prior notice and without stating the reasons, to amend it, to discontinue it and partially or entirely and even irretrievably to delete without prior notice any stored user data and information. Any user claims for damages of any kind whatsoever arising therefrom against the operator are explicitly excluded.

2. Validity of the Conditions of Use

a) Only the GTC listed here are exclusively valid for the use of the "Mein Tirol" online service on the website of the operator www.tirol.at and on all relevant websites, sub-websites/national sites.
b) Any eventual user General Terms and Conditions do not apply here and are explicitly denied.
c) Within the scope of an operator and user relationship these GTC are in particular also valid in the utilization of further operator services when no explicit mention is made of the exclusive validity of these GTC.
d) Since the service is provided free of charge, it is at any time at the operator's discretion to unilaterally alter or amend the Conditions of Use in any way whatsoever.
e) The user is granted the possibility of agreeing to new Conditions of Use. By consenting or continuing to use the service provided by the operator, the user explicitly agrees to the validity of the altered or amended GTC.
f) If the user explicitly and in writing renounces the validity of the altered or amended Conditions of Use, the user will no longer be able to participate in the "Mein Tirol – Community". In this case the operator will at his own discretion immediately delete, where appropriate irrevocably, all data and information stored under the user's profile. Any claims for damages or other claims by the user against the operator, in particular for this reason, are excluded.
g) Alterations to the GTC by the operator will be announced by the publication of the current version on the website. Altered or amended passages will be clearly marked. The user is obliged to stay informed regarding alterations by regularly accessing the registration conditions. Continued participation in the "Mein Tirol – Community" will be interpreted as consent to the altered conditions.
h) The use of "Mein Tirol" by the user must be effected on the basis of the relevant legal provisions and guidelines. By registering with "Mein Tirol" and by using this service the user declares himself to be informed regarding the legal requirements or declares that he will adequately inform himself prior to such use.

3. Description of the interactive service "Mein Tirol"

a) Within the framework of "Mein Tirol" users are in particular to be enabled to supplement articles published under www.tirol.at in particular by their own comments and forum contributions and thus to participate in creating the contents of the websites.
b) The "Mein Tirol" service is made available to the registered user free of charge by the operator, this being subject to unilateral revocation of the registration and use of "Mein Tirol" at any time by the operator at his own discretion and without reasons being given. Users explicitly note that the operator is at any time at liberty at his own discretion to irrevocably delete any user data, in particular for technical reasons.
c) As a further feature of "Mein Tirol" the user is able to compile his own user profile for other users together with photo upload and provision of contact data.
d) Registered users can file articles in a memorandum. These articles remain in the memorandum even after completion of the current session and are thus freely available at any time. The implementation and duration of storage remains at the discretion of the operator.
e) The operator constantly endeavours to usefully and sensibly extend the facilities within the framework of "Mein Tirol" and reserves the option of informing registered users regarding innovations in particular in respect of user accounts or new or altered features. The user declares his explicit consent hereto. Should the user not wish to receive information concerning such alterations, he can inform the operator thereof in writing per E-mail.

4. Registration, costs and confidentiality of the access data

a) Complete registration in accordance with the instructions is required for the use of "Mein Tirol". Registered users are provided by the operator with an account consisting of a user name of their choice and a password.
b) For registration it is necessary for the user to establish a user name under which he wishes to appear within the framework of "Mein Tirol" and a password. Requirement for registration is an existing and traceable E-mail address for the user. The user name is allocated to the respective user at whose E-mail address he was registered.
c) By a click on the registration button the user requests registration in "Mein Tirol" under the data held by the latter. With the activation the user explicitly confirms that he is entitled to dispose to the full extent over all communicated and still to be communicated data and information.
d) After clicking the registration button the user is sent a link for this given E-mail address. Registration becomes effective by clicking this link.
e) The user is obliged to keep his access data (user name and password) carefully and to protect them from any misuse or access by third parties. Should a user come to know of the unauthorized use of his access data, he must inform the operator thereof immediately in writing and must make the known information and data available to the operator.
f) The user is responsible for any use – with or without his knowledge – of his account, in particular any action, communication, publication, comment, etc. by means of logging in on the basis of the user's data in the framework of the "Mein Tirol – Community" and he compensates the operator in respect of any claims by third parties.
g) The user gives an assurance that all personal data provided to the operator by him, in particular in connection with the registration, are correct and correspond to the truth; further that he is fully entitled to dispose thereover and that the data only relate to and describe the user personally. The user gives a corresponding assurance for photos of himself in particular. Feigning an identity not one's own is strictly prohibited.
h) As a part of routine data bank cleaning the operator will also irrevocably delete user accounts that have not been used for at least 12 months together with data and entries. The operator is completely free at his own discretion and without prior notice to immediately and irrevocably delete a user account and the corresponding entries and data of the relevant user.
i) The user is free to request the deletion of his registration or his personal data at any time. Such a request is to be made in writing to the operator. The operator is entitled to continue to exclusively use, publish and store or use in any other way the comments, information and data placed on the net by the user within the framework of "Mein Tirol".
j) In particular in case of infringement of the registration conditions the operator reserves the right not to put the relevant contribution online or to delete it. In particular in grave cases or repeated infringements of this kind the Tirol Werbung GmbH will at any rate delete the user's registration and will block the user's E-mail address for future use of any of the operator's services.
k) The existing registration conditions can be altered at any time and without the user's consent.

5. Type of use and extent of use of "Mein Tirol"

a) The operator provides the services in connection with "Mein Tirol" solely for private purposes.
b) By registering with "Mein Tirol" the user provides an assurance that he will use the operator's services in connection with "Mein Tirol" solely for private purposes. Trade use of any kind whatsoever is explicitly prohibited. Any form of advertising in particular as part of the contributions in "Mein Tirol" is also prohibited.
c) Should users within the framework of "Mein Tirol" refer by way of links to other Internet pages and inasmuch or by reason of the contents of the other websites thus infringe against legal regulations or proscriptions, the operator reserves the right to take civil and criminal legal action against or to report the relevant user. In case of such infringements the account will be closed. The operator reserves the right to delete at will the data and information related to the account. The user also gives the operator his irrevocable consent in particular in this case to all data related to the account and personal data being passed to courts, authorities, e.g. the telecommunications authority, should the operator be requested to do so by a court or an authority.
d) The user undertakes to adhere to a cultivated tone in his contributions and to refrain from any invective, legally and morally dubious or grossly unobjective or otherwise offensive remarks in his contributions (commentaries, pictures, etc.). The user is urged persistently to observe and to adhere to net etiquette.
e) The operator is not obliged to superintend the "Mein Tirol" service in general or its use by any user in particular, the operator does, however, reserve the right to check, store and/or pass on information at any time, in particular if required, in order to meet with the obligations of valid law.

6. Exclusion of liability and responsibility

a) Full exclusion of liability on the part of the operator is explicitly agreed between operator and users.
b) In particular the operator is not liable for the availability, punctuality, correctness, accuracy, permanent or temporary storage or publication of the data and information provided by users or for the reliability of the services.
c) The operator accepts no liability whatsoever for any damage of any kind whatsoever incurred to a user or a third party through using its services by whomsoever and the user explicitly consents to the operator's complete exemption from liability; this in particular in respect of any damage to property wherever, in particular due to an illegal use or a use of the operator's services - and in particular of "Mein Tirol" – which is not in accordance with the conditions of use, even if this damage results from the use by others or to the property of others.
d) The operator accepts no responsibility whatsoever in connection with "Mein Tirol" and issues no assurance or guarantee or other concessions of whatever kind in this connection.
e) The operator is not liable for the correctness and the contents of the data provided by users in the user registration data or profile data.
f) Nor is the operator liable in particular for commercial, physical or immaterial damage arising from the use of this networking and communications platform.
g) The operator is in particular not liable for personal user data becoming known to unauthorized third parties (in particular due to unauthorized data bank break-ins by hackers or due to malignant software).
h) The operator is in particular not liable either for any damage arising in particular due to the passing on of user access data by third parties, in particular if the user has himself made this data available.

7. Liability of and assurance by the user

a) Each user bears the full responsibility for the contributions, comments, information and data of any kind whatsoever drafted via his account and published in connection with "Mein Tirol"; further for all other publications within the farmework of "Mein Tirol".
b) The user undertakes and explicitly assures that he will observe and adhere to all valid and relevant legal provisions within the "Mein Tirol" community.
b) The user undertakes in particular to refrain from the following actions:

l. It is explicitly prohibited to publish, convey, disseminate, announce, advertise, make known, offer or otherwise make accessible any contents, opportunities, actions, links or references within the framework of "Mein Tirol" which are criminal, morally harmful to young people, irregular, illegal, unconstitutional, unethical, pornographic, sexist, otherwise suggestive, National Socialist, violent, violence glorifying, abusive, discriminating, political, racist or reprehensible. This also applies in particular to false reports of any kind. The operator will report any penally relevant infringements.
ll. It is explicitly prohibited to discriminate against, disparage, slander, threaten or in any way offend other people, ethnic groups or religious groups in any way whatsoever.
lll. It is explicitly prohibited for users within the framework of "Mein Tirol" to publish, make available or otherwise use in a manner contrary to the data protection law personal data and information over which they have no right to dispose.
lV. It is explicitly prohibited within the framework of "Mein Tirol to publish, duplicate or disseminate works protected by copyright or use them in any other manner contrary to the relevant law. Under no circumstances may the user infringe the copyright of third parties by means of "Mein Tirol".

c) The user assures the operator in particular that all information, data, works, illustrated data or other contents and files of whatsoever kind published on the operator's Internet platform via his account with "Mein Tirol" do not contradict the statutory provisions and these Conditions of Use and that they are free from any legal restriction whatsoever by third parties. The latter applies in particular to copyright rights, label rights, name rights, portrait rights, competition rights, trade mark, patent or utility model rights, etc.
d) The user completely indemnifies the operators, in particular in the connection mentioned here, for any third party claims, in particular on account of infringement of the Conditions of Use and statutory provisions and prohibitions. This also applies to the costs of legal defence (in particular court fees, solicitor's fees inland and abroad; costs of trade investigation authority).

8. Data protection

a) The operator will only store, keep, process or edit user personal data within the framework of the user's consent and within the framework of the platform's technical requirements. The user declares his agreement to his personal data being stored on the operator's servers and being processed where technically necessary.
b) The user's personal data will be treated with the utmost confidentiality in the sense of the conditions of the data protection law. These data will not be passed on to third parties.
c) The operator will not without the user's prior consent reveal any details concerning his person or data to a third party, unless this is provided for by way of legal obligations or by way of the Conditions of Use; furthermore if the operator regards such procedure as necessary for significant reasons in order to defend or protect the operator's rights or property or to protect the interests of the other users.

9. Involvement of third parties

a) The operator is entitled to commission others with the procurement, maintenance and care of parts or of the entire performance spectrum of its services within the framework of the Internet platform and in particular of "Mein Tirol".
b) Data protection remains unaffected by this.

10. Electronic attacks (hackers, crawlers, etc.)

a) Electronic attacks of any kind whatsoever on the platform / the data bank / the network or on any of the operator's data in that connection or on the data of individual users are strictly forbidden. Any electronic attack leads to the user's immediate exclusion and will be prosecuted according to civil and criminal law.

11. Saving clause, legal venue, applicable law

a) Should any provision in these Conditions of Use be or become entirely or partially ineffective, the remaining clauses of these Conditions of Use remain unaffected in their validity. The ineffective provision is regarded as being effectively replaced by a provision economically closest to the sense and purpose of the ineffective provision.
b) The factually competent Court at the registered office of the operator is declared to be exclusively competent as legal venue. Substantive Austrian law is explicitly agreed upon excluding the referral norms.

Tirol Werbung GmbH
Maria Theresienstraße 55
6010 Innsbruck
Tel. +43.512.5320-0
Fax +43.512.5320-100
info@tirol.at
www.tirol.at

UID ATU57339767
FN 238938F

Copyright

©Tirol Werbung GmbH. All rights reserved.