General Terms and Conditions of Use ("GTCU")
Please read these General Terms and Conditions of Use carefully before you use this website.
Consent
Through registration or any other use of the website you expressly agree to accept the following GTCU. We therefore recommend that you read these GTCU thoroughly and carefully. If you do not agree to these GTCU in whole or in part, do not use this website.
Using the website
Mindbreeze Software GmbH ("Mindbreeze") allows you to view and download the contents of this website without registration only for your personal use and not for commercial purposes. The contents of this website are protected by copyright; existing copyright notes and ®/© notes shall be kept unchanged. Purchase orders and contracts with Mindbreeze regarding goods or services of Mindbreeze may be placed or concluded both by undertakings or organisations and by consumers. The contracting party shall be the Mindbreeze undertaking which is stated at the respective place of the online contract. Offers for contracts shall be accepted by Mindbreeze in order to be valid. The way of acceptance shall be regulated in the relevant contract at the relevant place of the website. If automatic acceptance by Mindbreeze upon receipt of the payment has been provided for, Mindbreeze shall nevertheless have the right to state within 10 days of receipt of the payment that it does not want to be bound by the contract (such statement may also be sent via e-mail). In that case the payment shall be returned.
Registration, password, electronic conclusion of a contract; notifications from Mindbreeze
Some sites of the "Mindbreeze" website may be protected by password. In the interest of security of business transactions access to such sites is only possible for registered users. You have no claim to be registered by "Mindbreeze". "Mindbreeze" also reserves the right to make websites that have been freely accessible so far subject to registration and to revoke an access authorisation by blocking the access data, even without having to state any reasons.
If a registration is required, true information shall be provided for registration; "Mindbreeze" shall immediately be notified of any subsequent changes. For "Mindbreeze" to be able to contact you please ensure that you receive the e-mails which are sent to the e-mail address stated by you. Mindbreeze shall be entitled to send legally binding statements of Mindbreeze to the e-mail address of the user advised at the time of registration (unless a requirement of written form has expressly been provided for). Such notifications via e-mail shall be effective immediately upon receipt in the mailbox of the user.
After your registration you shall be assigned a user name that will correspond to your e-mail address and a password which you may, in principle, choose yourself (= access data). You may view and change the access data.
By using your access data you may make the dispositions (e.g. purchase orders) which are possible under the website or make other declarations with legally binding effect. There shall be no identification by another signature or other codes unless expressly provided for by Mindbreeze in a specific case.
Anybody who identifies him/herself by entering the access data shall (irrespective of his/her internal legal relationship with the relevant user) be entitled vis-à-vis Mindbreeze to make declarations with legally binding effect for the user. Mindbreeze shall not be obliged to make any additional verification of the authorisation.
The user shall be obliged to keep his/her access data secret. S/he shall be liable for all attributable damage including consequential damage suffered by Mindbreeze or third parties due to authorised or unauthorised use of the access data, in particular due to insufficient secrecy or passing on of the data to third parties.
The user shall have the possibility of having his/her access data blocked (cancellation of registration) and shall be obliged to do so if s/he suspects that unauthorised persons might have obtained such data. Blocking (cancellation) shall be made without delay electronically by the user him/herself or via e-mail to support@mindbreeze.com and shall in any case be additionally caused by calling phone number +43 732 606162; the customer acknowledges that blocking is only possible during the normal office hours of Mindbreeze (Mondays through Fridays from 9 am to 5 pm). Mindbreeze shall not be obliged to verify the identity of the person demanding blocking of data. If the completion of current contractual relationships, contractual interests or statutory obligations to keep documents are in conflict with a complete cancellation, then the data shall only be blocked for further use.
Intellectual property
The entire content of this website (inclusive of all documents and texts) and all rights to copyrights, rights to use, identification rights, patent rights or trademark rights but not limited to the same shall remain the property of "Mindbreeze" or its licensors.
The content of this website may in no way be interpreted to the effect that a licence or an interest in a copyright, software product, patent, trademark or other proprietary right of "Mindbreeze" or a third party would be transferred tacitly, by forfeiture or in any other way.
All trademarks stated are registered trademarks of Mindbreeze Software GmbH.
Any reproduction, processing, dissemination and other use of the contents shall be expressly prohibited unless approved in writing in advance.
If contents and software are made available for display or download on the websites and services of Mindbreeze, they shall be products which are protected by copyright. The user shall only be entitled to install or use software under a licence agreement upon his/her consent to the terms and provisions of the licence agreement.
To the extent software does not include any licence agreement the user shall be granted a revocable, non-exclusive, non-transferable licence for display of the software and other use of the relevant website and services in accordance with these terms and conditions of use. Any other use shall be prohibited.
The user shall indemnify and hold Mindbreeze harmless for and against infringements of copyrights, trademarks or other infringements of rights by the user.
Using the logo
Any use of protected marks of Mindbreeze Software GmbH ("Marks"), including but not limited to the name, company name, trademarks, logo, shall only be admissible upon express written consent.
Privacy
"Mindbreeze" undertakes to protect personal data made available by access to and use of the website in accordance with applicable laws.
In general, the website may also be visited without having to provide any information on the identity of the user. For some information offers we ask our visitors to provide personal information which is required for specific purposes, such as to be able to transmit requested information to visitors or to enable registration which is a condition for receipt of certain information and types of use. Such information shall exclusively be used for the purposes stated and we may use them for other purposes only with the consent of the visitor.
"Mindbreeze" applies electronic and administrative security precautions to protect personal data from unauthorised or improper access. Only staff of "Mindbreeze" who are in charge of processing enquiries or registrations shall have access to personal data.
Mindbreeze stores the following data or processes of registered users:
Name, address, e-mail address, phone number, fax number, organisation, contact person, date of registration, date of login, name and date of the contracts concluded or contract offers, .....
Attending discussion forums
Mindbreeze shall grant users free-of-charge access to online resources, e.g. online forums, communications services, personalised contents and products offered together with other partners of Mindbreeze and shall enable users to provide contents in their own responsibility. The services may be designed, changed, limited, enhanced and discontinued by Mindbreeze at its own discretion and without having to notify the users thereof. Mindbreeze shall assume no liability for any delay, cancellation, defective transmission or memory failure during communication between users or in connection with personally designed areas. Mindbreeze shall not warrant either that the hardware and/or software used for the services will work free from defects at all times or that defects of hardware and/or software, if any, will be rectified.
Mindbreeze reserves the right to deny the user access to services at any time without stating reasons or to fully delete the registration including all account information.
Mindbreeze shall not be obliged to store or keep the contents transmitted by users or to forward messages to the user or third parties.
The responsibility for any and all information, data, texts, software, music, sounds, photos, graphics, videos, messages or other materials ("Content") which are published or transmitted privately, shall exclusively lie with the person from whom such a content originates. That means that the relevant user and not Mindbreeze shall be fully responsible for any Content. Mindbreeze shall not be obliged to check Content and shall therefore not assume any warranty for accuracy, adequacy or quality of such Content. The user is aware of the fact that by using the services s/he may be exposed to content of other users which is offending, indecent, unlawful or otherwise objectionable.
The user undertakes to indemnify and hold harmless Mindbreeze and its affiliated undertakings, branches, staff and business partners from and against any claims asserted by third parties due to or in connection with contents entered, published or transmitted by the user under the services or based on use of the services by the user. This shall also apply to costs of reasonable pursuit of rights (e.g. attorney's fees).
The user must not use the websites and services for purposes which are unlawful or prohibited by these terms and conditions of use and shall fully indemnify and hold Mindbreeze harmless.
The user is expressly informed about the provisions of the Austrian Pornography Act [Pornographiegesetz], the Austrian Statute on the Prohibition of the NSDAP (National-Socialist German Workers' Party) [Verbotsgesetz] and the relevant provisions of criminal law according to which communication, dissemination and display of certain contents is subject to statutory restrictions or prohibited.
In addition, the user acknowledges the provisions of the Austrian Telecommunications Act [Telekommunikationsgesetz] and the obligations of owners of terminals provided for by the same. S/he undertakes to comply with the provisions of the Telecommunications Act and the relevant telecommunication laws as well as all other statutory provisions, in particular also with the Austrian Data Protection Act [Datenschutzgesetz]
The user undertakes to observe those statutory provisions and to assume sole responsibility vis-à-vis Mindbreeze for compliance with those statutory provisions. The user undertakes to fully indemnify and hold Mindbreeze harmless if Mindbreeze is held liable under civil law, criminal law, in court or out of court, for justified reason because of contents put in to circulation by the user, in particular, by private prosecution for slander, insult or discredit (Sections 111, 115 and 152 Austrian Criminal Code [Strafgesetzbuch], by proceedings according to the Austria Media Act [Mediengesetz], Copyright Act [Urheberrechtsgesetz], Trademark Act [Markengesetz], the Austrian Statute on Unfair Competition [Gesetz gegen den unlauteren Wettbewerb] or on grounds of civil-law defamation and/or discredit (Section 1330 of the Austrian General Civil Code [ABGB]. If Mindbreeze is held liable in these respects, Mindbreeze shall be entitled to decide at its sole discretion how to react, with the user who is responsible for the content having no right to plead insufficient legal defence, save for cases of gross negligence on the part of Mindbreeze.
In addition, the user undertakes to immediately and fully inform Mindbreeze about any claims asserted vis-à-vis him/her in or out of court on grounds of use of the contractual services and grant Mindbreeze the opportunity to participate in or join the proceedings as intervening party (at Mindbreeze's discretion).
Although Mindbreeze shall not be obliged to monitor the services and use of the same, Mindbreeze reserves the right to examine contents provided by users and to remove the same at its own discretion at any time. Any claim for compensation of damage resulting therefrom shall be excluded.
By providing, uploading, entering, placing or transmitting contents the user declares that s/he holds all required authorisations and grants Mindbreeze the right to use the same in connection with the services, in particular the right to store, reproduce, transmit, publish, edit, translate and reformat the Contents with or without naming the user. Mindbreeze shall in any case be entitled to publish the name of the user in connection with his/her Contents at its own discretion in connection with the services unless the user has made an explicit statement to the contrary.
The user shall not be entitled to any fee for use of his/her the contents.
Disclaimer
This website and its content are made available as is and as available. You expressly agree that use of the website shall be at your own risk. You understand and agree that you shall be solely responsible for any damage in connection with your business activity, to your computer system or for loss of data that might occur due to access to, use of or downloading from the website.
"Mindbreeze" denies any kind of warranty to the maximum extent permitted under applicable laws, be it express or statutory, including any and all representations of general usability, suitability for a specific purpose or non-violation of law. This shall not apply to warranty claims of consumers, if any.
"Mindbreeze" shall assume no warranty to the effect that this website or its content meet the requirements of its visitors or that the website and its content are available without interruption, timely, securely or free of defects or that any defects will be rectified. "Mindbreeze" shall not assume any warranty either for consequences resulting from use of the website or its content or for accuracy, completeness or reliability of the information provided on the website.
Under no circumstances, not even in the case of negligence, may "Mindbreeze" be held liable for any direct, indirect, accidental or special damage or consequential damage caused by use or non-usability of the website or its content, unauthorised access, modification of data or other information sent or received or not sent or not received, including but not limited to damage caused by lost profit, loss of data or other intangible assets, even if "Mindbreeze" was informed about the possibility of such damage. This shall not apply to wilful intent or mandatory liability provided for by law.
If use of this website or the contents offered thereon results in a situation where you have to maintain, repair, replace or otherwise rectify your devices or data, "Mindbreeze" shall not assume any costs thereof.
General; Place of Jurisdiction; Applicable Law
This website is controlled, operated and administered by "Mindbreeze" at its registered office in Austria. "Mindbreeze" does not make any statement on whether the content of the website is also suitable or available for use outside Austria or whether access to the website might be prohibited in other countries. When using the website you must not violate Austrian laws and regulations. If you use the website from outside Austria you shall do so at your own initiative and you shall be responsible for compliance with your applicable local laws.
Austrian law shall apply and UN Sales Law and the conflict of laws rules of private international law shall be excluded. The court in Linz having subject-matter jurisdiction shall be the exclusive place of jurisdiction; at the option of Mindbreeze also the contracting party's general place of jurisdiction or any other place of jurisdiction provided for by law shall be the legal venue.
If parts of the Terms and Conditions of Use are ineffective, the effectiveness of the remaining provisions shall not be affected. The ineffective clause shall then be replaced by mutual consent by a different provision which comes as close as possible to the economic purpose and intention of the ineffective clause.
Revised December 2006
