Responsible for content, design, concept & implementation:
Schiebel Elektronische Geraete GmbH
A-1050 Vienna, Austria
Telefon +43 (1) 546 26-0
Fax +43 (1) 545 23 39
Company register number:
Court of jurisdiction:
Vienna Commercial Court
Authority according to Electronic Commerce Act:
Commissioner for 5. Vienna District
SCHIEBEL INTERACTIVE SERVICE AGREEMENT
a) “Schiebel Interactive” is the interactive on-line service operated by Schiebel Industries on the World Wide Web of the Internet, consisting of information services and content provided by Schiebel Industries, affiliates of Schiebel Industries and other third parties.
b) “Subscriber” means each person who establishes or accesses a connection (“account”) for access to and use of Schiebel Interactive.
This Agreement, which incorporates by reference other provisions applicable to use of Schiebel Interactive, sets forth the terms and conditions that apply to use of Schiebel Interactive by Subscriber. By using Schiebel Interactive (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use Schiebel Interactive is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement.
Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
Schiebel shall have the right at any time to change or discontinue any aspect or feature of Schiebel Interactive, including (but not limited to) content, hours of availability, and equipment needed for access or use.
3. Changed Terms
Schiebel shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of Schiebel Interactive, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including (but not limited to) posting on Schiebel Interactive, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of Schiebel Interactive by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Schiebel Interactive and all charges related thereto.
5. Subscriber Conduct
a) Subscriber shall use Schiebel Interactive for lawful purposes only. Subscriber shall not post or transmit through Schiebel Interactive any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Schiebel’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Schiebel’s discretion restricts or inhibits any other Subscriber from using or enjoying Schiebel Interactive will not be permitted. Subscriber shall not use Schiebel Interactive to advertise or perform any commercial or political solicitation.
b) Schiebel Interactive contains copyrighted material, trademarks and other proprietary information, including (but not limited to) text, software, photos, video, graphics, music and sound, and the entire contents of Schiebel Interactive are copyrighted as a collective work under the United States copyright laws and international copyright and trademark laws. Schiebel owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Schiebel and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
c) Subscriber shall not upload, post or otherwise make available on Schiebel Interactive any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Schiebel Interactive, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Schiebel the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants Schiebel the right to edit, copy, publish and distribute any material made available on Schiebel Interactive by Subscriber.
d) The foregoing provisions of Section 5 are for the benefit of Schiebel, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
a) Subscriber expressly agrees that use of Schiebel Interactive is at Subscriber’s sole risk. Neither Schiebel, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that Schiebel Interactive will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of Schiebel Interactive, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through Schiebel Interactive.
b) Schiebel Interactive is provided on an “as is” basis without warranties of any kind, either express or implied, including (but not limited to) warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
c) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that Schiebel is not liable for the defamatory, offensive, or illegal conduct of other Subscribers or their parties and that the risk of injury from the foregoing rests entirely with Subscriber.
d) In no event will Schiebel, or any person or entity involved in creating, producing or distributing Schiebel Interactive or the Schiebel Interactive software, be liable for any damages, including (without limitation) direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Schiebel Interactive. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on Schiebel Interactive.
e) In addition to the terms set forth above, neither Schiebel nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Schiebel Interactive, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including (but not limited to) lost profits, punitive or consequential damages. Neither Schiebel nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
Schiebel shall have the right, but not the obligation, to monitor the content of Schiebel Interactive, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Schiebel and to satisfy any law, regulation or authorized government request. Schiebel shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Schiebel Interactive. Without limiting the foregoing, Schiebel shall have the right to remove any material that Schiebel, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless Schiebel, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Schiebel Interactive by Subscriber or Subscriber’s Account.
Either Schiebel or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Schiebel shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which Schiebel, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(b), 5(c), 5(d), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
Schiebel, Schiebel Interactive, and Schiebel.com and each of their logos are trademarks of Schiebel Industriebeteiligung GmbH. All rights not expressly granted herein are reserved. All other trademarks appearing on Schiebel Interactive are the property of their respective owners.
11. Third Party Content
Schiebel is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Schiebel has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of Schiebel Interactive, are those of the respective author(s) or distributor(s) and not of Schiebel. Neither Schiebel nor any third-party provider of information guarantees or warrants the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through Schiebel Interactive represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Schiebel. Schiebel neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Schiebel Interactive by anyone other than authorized Schiebel employee spokespersons while acting in their official capacities. Under no circumstances will Schiebel be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through Schiebel Interactive. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Schiebel Interactive. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for Schiebel Interactive established by Schiebel constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Republic of Austria, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.