This shows you the differences between two versions of the page.
Both sides previous revision Previous revision Next revision | Previous revision Last revision Both sides next revision | ||
pub:legal:terms_of_use [2021-04-08 17:28] jscheiber |
pub:legal:terms_of_use [2021-11-09 19:45] CS [Jurisdiction] |
||
---|---|---|---|
Line 1: | Line 1: | ||
- | |||
====== Terms of Use ====== | ====== Terms of Use ====== | ||
<wrap lo>// | <wrap lo>// | ||
- | |||
===== GEPARD Websites and Web Content ===== | ===== GEPARD Websites and Web Content ===== | ||
- | |||
- | This site is operated and maintained by GEPARD, J. Scheiber KG, located in Vienna, Austria. | ||
These Terms of Use shall apply to all GEPARD websites and portals, including but not limited to | These Terms of Use shall apply to all GEPARD websites and portals, including but not limited to | ||
Line 19: | Line 15: | ||
* CineSat Support Data Exchange ([[https:// | * CineSat Support Data Exchange ([[https:// | ||
- | They are collectively referred to as __GEPARD Websites__. | + | They are operated and maintained by GEPARD, J. Scheiber KG (Vienna, Austria) |
+ | and will be collectively referred to as __GEPARD Websites__. | ||
+ | All GEPARD Web Content is intended for business-to-business information and data exchange and not for private consumers. | ||
+ | |||
GEPARD provides you with access to a variety of web pages, text, documents, and other works of authorship, images, graphics, audio and video content, software, services, forums, discussion groups, blogs, and other content. The GEPARD Websites and foregoing content are collectively referred to as __GEPARD Web Content__. | GEPARD provides you with access to a variety of web pages, text, documents, and other works of authorship, images, graphics, audio and video content, software, services, forums, discussion groups, blogs, and other content. The GEPARD Websites and foregoing content are collectively referred to as __GEPARD Web Content__. | ||
- | All GEPARD Web Content is intended for business-to-business information and data exchange and not for private consumers. | ||
+ | ===== Location of Data ===== | ||
+ | |||
+ | All data provided to or collected on GEPARD websites are stored at and will remain in Vienna, Austria and are subject to the EU General Data Protection Regulation (GDPR). | ||
Line 45: | Line 46: | ||
All users who access Restricted GEPARD Web Content through a login procedure/ | All users who access Restricted GEPARD Web Content through a login procedure/ | ||
+ | |||
== User Name and Password == | == User Name and Password == | ||
- | When applying for a login account, you must provide GEPARD with accurate, complete, and up-to-date information about the person and organization using this account. GEPARD reserves the right to change the requested user name in order to make it __unique__ and to follow certain conventions imposed by the web service software. Upon successful application, | + | When applying for a login account, you must provide GEPARD with accurate, complete, and up-to-date information about the person and organization using this account. GEPARD reserves the right to change the requested user name in order to make it __unique__ and to follow certain conventions imposed by the web service software. Upon successful application, |
You agree (1) to __change your password with your first login instantly__ after receiving the default login credentials, | You agree (1) to __change your password with your first login instantly__ after receiving the default login credentials, | ||
+ | <WRAP pagebreak /> | ||
You agree to immediately notify GEPARD of any unauthorized use of your account or any other breach of security. GEPARD will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission. | You agree to immediately notify GEPARD of any unauthorized use of your account or any other breach of security. GEPARD will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission. | ||
- | You further agree to notify GEPARD (1) about any changes in the account information, | + | You further agree to notify GEPARD (1) about any changes in the account information, |
Line 62: | Line 64: | ||
Some GEPARD Web Content may have Additional Terms like license agreements, privacy terms, export terms, subscription agreements, or other terms and conditions (“Additional Terms”) that apply to your access to or use of the applicable GEPARD Web Content. In the event of a conflict, inconsistency, | Some GEPARD Web Content may have Additional Terms like license agreements, privacy terms, export terms, subscription agreements, or other terms and conditions (“Additional Terms”) that apply to your access to or use of the applicable GEPARD Web Content. In the event of a conflict, inconsistency, | ||
- | <WRAP pagebreak /> | ||
These Terms of Use and the Additional Terms (where applicable) form a legally binding agreement between you and GEPARD. Therefore, it is important that you read them carefully before accessing any GEPARD Web Content. In order to use GEPARD Web Content, you must first agree to these Terms of Use. You may not access OR use GEPARD Web Content if you do not accept these Terms of Use. By using GEPARD Web Content, you acknowledge that you have read and agree to these Terms of Use. If you are an individual acting on behalf of a corporation or other legal entity, you represent that you have authority to agree to these Terms of Use on behalf of the legal entity. If you do not agree to these Terms of Use, then you may not access or use GEPARD Web Content. | These Terms of Use and the Additional Terms (where applicable) form a legally binding agreement between you and GEPARD. Therefore, it is important that you read them carefully before accessing any GEPARD Web Content. In order to use GEPARD Web Content, you must first agree to these Terms of Use. You may not access OR use GEPARD Web Content if you do not accept these Terms of Use. By using GEPARD Web Content, you acknowledge that you have read and agree to these Terms of Use. If you are an individual acting on behalf of a corporation or other legal entity, you represent that you have authority to agree to these Terms of Use on behalf of the legal entity. If you do not agree to these Terms of Use, then you may not access or use GEPARD Web Content. | ||
Line 76: | Line 77: | ||
By publishing, and/or making available for download and use of User Provided Content, you represent and warrant that you are the owner of all rights in this content. You further grant GEPARD a perpetual, irrevocable, | By publishing, and/or making available for download and use of User Provided Content, you represent and warrant that you are the owner of all rights in this content. You further grant GEPARD a perpetual, irrevocable, | ||
- | |||
- | <WRAP pagebreak /> | ||
== Indemnification == | == Indemnification == | ||
Line 86: | Line 85: | ||
GEPARD has the right, but not the obligation, to monitor User Provided Content in the GEPARD Websites to determine compliance with these Terms of Use and any other Additional Terms. GEPARD has the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on a GEPARD Website that we find to be in violation of these Terms of Use or otherwise objectionable. You are solely responsible for any information you post, transmit, or otherwise make available on a GEPARD Website. You acknowledge and agree that GEPARD does not have any liability for any action or inaction with respect to any conduct, communication, | GEPARD has the right, but not the obligation, to monitor User Provided Content in the GEPARD Websites to determine compliance with these Terms of Use and any other Additional Terms. GEPARD has the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on a GEPARD Website that we find to be in violation of these Terms of Use or otherwise objectionable. You are solely responsible for any information you post, transmit, or otherwise make available on a GEPARD Website. You acknowledge and agree that GEPARD does not have any liability for any action or inaction with respect to any conduct, communication, | ||
+ | <WRAP pagebreak /> | ||
===== Additional Terms for Support Users ===== | ===== Additional Terms for Support Users ===== | ||
Line 96: | Line 96: | ||
All download, distribution, | All download, distribution, | ||
- | |||
- | <WRAP pagebreak /> | ||
===== Accepting the Terms of Use ===== | ===== Accepting the Terms of Use ===== | ||
Line 114: | Line 112: | ||
Any personal information collected on a GEPARD Website may be accessed and stored centrally and will be treated in accordance with our Privacy Policy: | Any personal information collected on a GEPARD Website may be accessed and stored centrally and will be treated in accordance with our Privacy Policy: | ||
- | [[https:// | + | [[pub: |
Line 149: | Line 147: | ||
Your use of GEPARD Web Content is at your own risk. GEPARD Websites are provided on an AS IS and AS AVAILABLE basis, without any other warranties or representations, | Your use of GEPARD Web Content is at your own risk. GEPARD Websites are provided on an AS IS and AS AVAILABLE basis, without any other warranties or representations, | ||
+ | <WRAP pagebreak /> | ||
The entire risk for downloading and/or using any material (including GEPARD Web Content) through the use of a GEPARD Website is assumed by you. You will be solely responsible for any damage to your computer system or loss of data or functionality that results from the download and/or use of any material. | The entire risk for downloading and/or using any material (including GEPARD Web Content) through the use of a GEPARD Website is assumed by you. You will be solely responsible for any damage to your computer system or loss of data or functionality that results from the download and/or use of any material. | ||
Line 163: | Line 162: | ||
The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. | The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. | ||
+ | |||
+ | |||
+ | <WRAP pagebreak /> | ||
===== Jurisdiction ===== | ===== Jurisdiction ===== | ||
Line 172: | Line 174: | ||
In the absence of a suitable legal aid agreement between the state of Austria and the state where the Customer is located, GEPARD reserves the right to change the place of court to the state or economic region where the Customer is located or registered, or where the Product is being used. | In the absence of a suitable legal aid agreement between the state of Austria and the state where the Customer is located, GEPARD reserves the right to change the place of court to the state or economic region where the Customer is located or registered, or where the Product is being used. | ||
- | You agree that GEPARD may provide you with notices, including those regarding changes to the Terms of Use, by email or postings on GEPARD Websites. If one or more of the provisions contained in the Terms of Use is held invalid or unenforceable in any respect by any court of competent jurisdiction, | + | You agree that GEPARD may provide you with notices, including those regarding changes to the Terms of Use, by e-mail |
GEPARD' | GEPARD' | ||
Line 178: | Line 180: | ||
The section heading of these Terms of Use are for convenience only and have no legal or contractual effect. | The section heading of these Terms of Use are for convenience only and have no legal or contractual effect. | ||
+ | <WRAP pagebreak /> | ||
===== Contact ===== | ===== Contact ===== | ||