Filmspektakel GmbH with its registered office at Grüngasse 16/8, 1050 Vienna, Austria (hereinafter referred to as "PROVIDER") offers the software "Timelapserobot" (hereinafter referred to as "SOFTWARE") to users (hereinafter referred to as "USER").
For reasons of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.
3. Use of open source components
The SOFTWARE developed and provided by the PROVIDER contains components that are licensed as open source software. The OSS components may only be used under the respective OSS licence conditions. The OSS components are listed in Annex I. The source code of the OSS components (see "Readme" in Annex I), the respective licence texts, any copyright notices and their disclaimers shall be made available to the USER via the link in Annex I.
At the USER's request, the open source code can also be transmitted on a permanent data carrier (e.g. USB stick).
4. Conditions of use
The USER is obliged to provide truthful, comprehensive and correct information within the framework of the business relationship and to always keep his specific information up to date. The USER shall treat all data confidentially (this applies in particular to log-in data and passwords). If the USER suspects misuse of the software by third parties, he must inform the PROVIDER immediately.
The USER shall refrain from all actions that may endanger or impair the technical functionality of the software (including cyber attacks). Such conduct will be prosecuted under criminal law.
The USER shall take suitable precautions to protect the software from unauthorised access by third parties.
The USER is responsible for setting up the necessary infrastructure to ensure the intended operation of the software. The PROVIDER is not obliged to provide any further information or recommendations in this regard.
The USER shall refrain from all actions that may endanger or impair the PROVIDER's technical service provision (including cyber attacks). Such conduct will be prosecuted under criminal law.
It is the USER's responsibility to create the electronic infrastructure (in particular e-mail account as well as hardware and software infrastructure) necessary for the use of the services. This also means that the USER has the necessary software and hardware equipment to use the software. The PROVIDER is not obliged to provide information or advice in this regard.
5. Code of conduct
The USER undertakes not to upload any content to the software which, due to its content or its form or design or in any other way, violates applicable law or morality. In particular, the USER undertakes to observe applicable law (e.g. criminal law, competition law and youth protection law) when uploading content and not to violate any third-party rights (e.g. rights to a name, trademark, copyright, image and data protection rights) or confidentiality obligations.
In particular, but not exclusively, the user is not permitted to publish or support content that
glorification of violence and extremism of any kind
incitement and solicitation to commit criminal offences and misdemeanours, threats against life, limb or property
incitement against persons or companies
statements that violate personal rights, insults, defamation and slander to the detriment of users and third parties
offences against the law of fair dealing
content that infringes copyright or violates other intellectual property rights
promotes sexual harassment of users and third parties
contains offensive, sexist, obscene, vulgar, hateful or profane material or language
depict, concern or contain pornography.
This also applies if the respective content does not violate applicable law, the rights of third parties or morality.
It is also a violation of personal rights and therefore not permitted to remove the anonymity of other USERS or to publish information of other USERS from private messages, e-mails or chats that are not intended for the public. USERS may not disclose in their posts or otherwise any information that could reveal the identity of another user or that the USER has received from other users solely in private messages, e-mails or chats.
Scraping (web scraping, crawling) of information published in the software is prohibited and requires the express consent of the PROVIDER.
6. Right to publish content
The PROVIDER is entitled to publish the data collected by the software on an anonymous basis, provided that this publication does not conflict with any legitimate interests.
The PROVIDER will not publish any content if legitimate interests of the user are violated.
7. Right to adjust
Since no paid version is owed, the PROVIDER is in no way obliged to make the software available. The PROVIDER reserves the right to discontinue the software without notice. The release of the source code, user manuals or support is expressly not owed.
8. Limitation of liability and warranty
Since no paid version is owed, all warranty and liability claims against the PROVIDER are excluded to the full extent. This does not apply in the event of intentional damage.
9. Change of this terms to use
10. Data protection and protection of business and trade secrets
The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfilment of the contractual relationship and legal obligations (Art 6 para 1 lit b and lit c GDPR). Otherwise, the PROVIDER is obliged to maintain secrecy about the circumstances, data or business and trade secrets related to the other party of which they become aware as a result of the present business relationship and in particular to observe data secrecy. These obligations regarding data and business secrecy shall also apply beyond the contractual relationship.
The source code of the proprietary software is to be qualified as a trade secret within the meaning of section 26b UWG (Austrian Act against unfair competition) and as such is to be subject to appropriate confidentiality measures.
The PROVIDER draws attention to the fact that data of the USER may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f GDPR). The USER may object to this form of data processing at any time (Art 21 para 2 GDPR).
11. Deny of access
If the PROVIDER has reasonable grounds to suspect that the USER is using the software in an illegal or inappropriate manner, the PROVIDER is entitled to block access to the software immediately and without prior notice. The possibility of further legal steps remains unaffected by such a blocking.
12. Jurisdiction and Applicable Law
This contractual relationship is based on Austrian law and this is deemed to be agreed upon. However, this choice of law may not result in a consumer being deprived of the protection afforded to him by the mandatory provisions of his country of residence (Art 6 number 2 Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as of conflict-of-law rules is excluded.
The exclusive place of jurisdiction shall be Vienna, Austria. If the USER is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the USER may be sued in derogation thereof only before those courts in whose district his domicile, habitual residence or place of employment is located.
Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 para 1 S 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. The PROVIDER undertakes to participate in such arbitration proceedings if the USER is to be qualified as private consumers.
13. Further issues
Annex I Open Source: