Nutzungsbedingungen
(Die Nutzungsbedingungen liegen momentan leider nur in Englisch vor - wir arbeiten an einer deutschsprachigen Übersetzung!)
The following terms and conditions govern all use of the dive.io
website and all content, services and products available at or through the
website, including electronic mail and newsletter messages (taken together, the "Website"). The Website is
owned and operated by Alex Mayrhofer EDV-Dienstleistungen ("Site Owner").
The Website is
offered subject to your acceptance without modification of all of the
terms and conditions contained herein and all other operating rules,
policies (including, without limitation, the dive.io Privacy Policy) and
procedures that may be published from time to time on this Site by
the Site Owner (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the
Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do not
agree to all the terms and conditions of this agreement, then you may not
access the Website or use any services. If these terms and conditions are
considered an offer by the Site Owner, acceptance is expressly limited to
these terms. The Website is available only to individuals who are at least
14 years old.
- Your dive.io Account and Profile. If you create an
profile on the Website, you are responsible for maintaining the security of
your account and profile, and you are fully responsible for all activities
that occur under the account and any other actions taken in connection
with the profile. You must not describe or assign keywords to any part of your
profile in a
misleading or unlawful manner, including in a manner intended to trade on
the name or reputation of others, and Site Owner may change or remove any
description or keyword that it considers inappropriate or unlawful, or
otherwise likely to cause Site Owner liability. You must immediately
notify Site Owner of any unauthorized uses of your profile, your account or
any other breaches of security. Site Owner will not be liable for any acts
or omissions by You, including any damages of any kind incurred as a
result of such acts or omissions.
- Responsibility of Contributors. If you operate a
profile, comment on a profile, post material to the Website, post links on the
Website, or otherwise make (or allow any third party to make) material
available by means of the Website (any such material, "Content"), You are
entirely responsible for the content of, and any harm resulting from, that
Content. That is the case regardless of whether the Content in question
constitutes text, graphics, an audio file, or computer software or data. By making
Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you
have either (i) received permission from your employer to post or make
available the Content, including but not limited to any software, or (ii)
secured from your employer a waiver as to all rights in or to the
Content;
- you have fully complied with any third-party licenses relating to the
Content, and have done all things necessary to successfully pass through
to end users any required terms;
- the Content does not contain or install any viruses, worms, malware,
Trojan horses or other harmful or destructive content;
- the Content is not spam, is not
randomly-generated, and does not contain unethical or unwanted commercial
content designed to drive traffic to third party sites or boost the search
engine rankings of third party sites, or to further unlawful acts (such as
phishing) or mislead recipients as to the source of the material (such as
spoofing);
- the Content is not pornographic, does not contain threats or incite
violence towards individuals or entities, and does not violate the privacy
or publicity rights of any third party;
- your profile is not getting advertised via unwanted electronic messages
such as spam links on newsgroups, email lists, blogs and web sites,
and similar unsolicited promotional methods;
- your profile is not named in a manner that misleads your readers into
thinking that you are another person or company. For example, your
blog’s URL or name is not the name of a person other than yourself
or company other than your own; and
- you have, in the case of Content that includes computer code,
accurately categorized and/or described the type, nature, uses and effects
of the materials, whether requested to do so by Site Owner or
otherwise.
Site Owner does not claim ownership of Content you submit to the Website. However, by submitting or making availabile Content to Site Owner for inclusion on the Website, you
grant Site Owner a world-wide, royalty-free, and non-exclusive license to
use, distribute, reproduce, modify, adapt and publish the Content and to prepare derivative works of, or incorporate into other works, such Content. This license is granted solely for the purpose of
displaying, distributing and promoting your Profile, and ends when you or Site Owner removes the Content from the Website.
If you delete Content,
Site Owner will use reasonable efforts to remove it from the Website, but
you acknowledge that caching or references to the Content may not be made
immediately unavailable.
Without limiting any of those representations or warranties, Site Owner
has the right (though not the obligation) to, in Site Owner's sole
discretion (i) refuse or remove any content that, in Site Owner's
reasonable opinion, violates any Site Owner policy or is in any way
harmful or objectionable, or (ii) terminate or deny access to and use of
the Website to any individual or entity for any reason, in Site Owner's
sole discretion. Site Owner will have no obligation to provide a refund of
any amounts previously paid.
- Responsibility of Website Visitors. Site Owner has
not reviewed, and cannot review, all of the material, including computer
software, posted to the Website, and cannot therefore be responsible for
that material.s content, use or effects. By operating the Website,
Site Owner does not represent or imply that it endorses the material there
posted, or that it believes such material to be accurate, useful or
non-harmful. You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content. The Website may contain
content that is offensive, indecent, or otherwise objectionable, as well
as content containing technical inaccuracies, typographical mistakes, and
other errors. The Website may also contain material that violates the
privacy or publicity rights, or infringes the intellectual property and
other proprietary rights, of third parties, or the downloading, copying or
use of which is subject to additional terms and conditions, stated or
unstated. Site Owner disclaims any responsibility for any harm resulting
from the use by visitors of the Website, or from any downloading by those
visitors of content there posted.
- Content Posted on Other Websites. We have not
reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages to which
dive.io links, and that link to dive.io. Site Owner does not
have any control over those non-dive.io websites and webpages, and is
not responsible for their contents or their use. By linking to a
non-dive.io website or webpage, Site OWner does not represent or imply
that it endorses such website or webpage. You are responsible for taking
precautions as necessary to protect yourself and your computer systems
from viruses, worms, Trojan horses, and other harmful or destructive
content. Site Owner disclaims any responsibility for any harm resulting
from your use of non-dive.io websites and webpages.
- Intellectual Property. This Agreement does not
transfer from Site Owner to you any Site Owner or third party intellectual
property, and all right, title and interest in and to such property will
remain (as between the parties) solely with Site Owner.
The dive.io name, logo and other graphics used in connection with dive.io
are copyrighted by Site Owner.
Trademarks, service marks,
graphics and logos used in connection with the Website may be the
trademarks of other third parties. Your use of the Website grants you no
right or license to reproduce or otherwise use any Site Owner or
third-party trademarks, service marks, graphics and logos.
- Changes. Site Owner reserves the right, at its sole
discretion, to modify or replace any part of this Agreement. It is your
responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any
changes to this Agreement constitutes acceptance of those changes.
Site Owner may also, in the future, offer new services and/or features
through the Website (including, the release of new tools and resources).
Such new features and/or services shall be subject to the terms and
conditions of this Agreement.
- Termination. Site Owner may terminate your access to
all or any part of the Website at any time, with or without cause, with or
without notice, effective immediately. If you wish to terminate this
Agreement, you can do so by deleting your dive.io account, or, if you don't
such an account, discontinue using the Website.
All provisions of this Agreement which
by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
- Disclaimer of Warranties. The
Website is provided “as is”. Site Owner and its suppliers and
licensors hereby disclaim all warranties of any kind, express or implied,
including, without limitation, the warranties of merchantability, fitness
for a particular purpose and non-infringement. Neither Site Owner nor its
suppliers and licensors, makes any warranty that the Website will be error
free or that access thereto will be continuous or uninterrupted. You
understand that you download from, or otherwise obtain content or services
through, the Website at your own discretion and risk.
- Limitation of Liability. In no
event will Site Owner, or its suppliers or licensors, be liable with
respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for: (i)
any special, incidental or consequential damages; (ii) the cost of
procurement or substitute products or services; (iii) for interruption of
use or loss or corruption of data; or (iv) for any amounts that exceed the
fees paid by you to Automattic under this agreement during the twelve (12)
month period prior to the cause of action. Site Owner shall have no
liability for any failure or delay due to matters beyond their reasonable
control. The foregoing shall not apply to the extent prohibited by
applicable law.
- General Representation and Warranty. You represent
and warrant that (i) your use of the Website will be in strict accordance
with the dive.io Privacy Policy, with this Agreement and with all
applicable laws and regulations (including without limitation any local
laws or regulations in your country, state, city, or other governmental
area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from
the country in which you reside) and (ii) your use of
the Website will not infringe or misappropriate the intellectual property
rights of any third party.
- Indemnification. You agree to indemnify and hold
harmless Site Owner, its contractors, and its licensors, and their
respective directors, officers, employees and agents from and against any
and all claims and expenses, including attorneys. fees, arising out of
your use of the Website, including but not limited to your violation of
this Agreement.
- Miscellaneous. This Agreement constitutes the entire
agreement between Site OWner and you concerning the subject matter hereof,
and they may only be modified by a written amendment signed by an
authorized executive of Site Owner, or by the posting by Site Owner of a
revised version. Except to the extent applicable law, if any, provides
otherwise, this Agreement, any access to or use of the Website will be
governed by the laws of Austria, excluding its
conflict of law provisions, and the proper venue for any disputes arising
out of or relating to any of the same will be the state courts
located in Vienna, Austria.
If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties.
original intent, and the remaining portions will remain in full force and
effect. A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, will not waive such
term or condition or any subsequent breach thereof. You may assign your
rights under this Agreement to any party that consents to, and agrees to
be bound by, its terms and conditions; Site Owner may assign its rights
under this Agreement without condition. This Agreement will be binding
upon and will inure to the benefit of the parties, their successors and
permitted assigns.