of the Audvice GmbH
FN496308s, LG Salzburg
Schlossallee 7/1, 5412 Puch
Member of the Salzburg Chamber of Commerce, Section Advertising and Market Communication
UID-Nr.: ATU73577612
in the following briefly "provider"
to use the platform www.audvice.com, as well as the Audvice App
valid from 01 February 2019
1. Preambel
1.1 The provider offers the free opportunity to create and upload auditory learning content via the platform and to make it available for use by other users of the platform. Furthermore, the possibility exists to play and listen to auditory learning content uploaded by other users via the aforementioned platform.
1.2 From March 2019, it will also be possible to download and install the "Audvice" app on a mobile device free of charge via the Google Play Store and the Apple App Store. This app can also be used to create and upload audio learning content free of charge and make it available for use by other users of the platform. In addition, the app can be used to play and listen to auditory learning content uploaded by other users.
2. Scope of application, conclusion of contract
2.1 The use of the services provided by the provider via the platform named under 1.1 (hereinafter "platform") as well as via the app named under 1.2 (hereinafter "app") is subject to the following terms of use ("terms").
2.2 If the service is used via the platform and the app, the user expressly accepts these conditions by registering in accordance with point 3. This is expressly confirmed by the User by clicking the button "Accept the Terms of Use".
2.3 The provider shall provide the user with a confirmation of the concluded contract on a permanent data carrier within a reasonable period of time after the conclusion of the contract, but at the latest before the start of the provision of services, which contains the information specified in § 4 para. 1 FAGG, unless the provider has already provided this information to the user on a permanent data carrier before the conclusion of the contract. If applicable, the confirmation of the contract will also contain a confirmation of the user's consent and information pursuant to § 18 para. 1 no. 11 FAGG.
2.4 The provider reserves the right to unilaterally change the terms and conditions at any time. The provider will inform the user about such changes by sending the changed conditions to the e-mail address provided. The amendment entitles the user to terminate the contractual relationship in writing within a period of one month from publication. By using the platform or the app after the one-month period has expired, the user submits to the new conditions.
3. Registration
3.1 The use of the platform as well as the app and its contents requires an identifying registration. The user can only register via his Facebook or Google account. In doing so, the user provides the provider with the personal data stored on his account and associated with it (e.g. first name, last name, profile picture, date of birth, gender) as well as the email address provided for processing for the purpose of fulfilling this contract.
3.2 Only persons of full legal age and of full legal capacity may register. The data required for registration must be true. In the event of a change in the personal data provided during registration, the user is obliged to update the information immediately.
3.3 There is no right to registration. The provider is entitled to refuse registration without giving reasons. If the contract is terminated, the provider is entitled to block and/or delete the created user account at any time.
3.4 The user cannot and may not create a new account if his account has been blocked.
3.5 The user will receive an immediate electronic confirmation of the receipt of his registration.
4. Services ("services"/ decommissioning of services)
4.1 The provider grants the user the simple, non-transferable and non-sublicensable right, limited to the duration of the user relationship, to use the platform or app in its current version including updates and other components in accordance with these terms of use.
4.2 The User may not modify, copy, disassemble, reassemble, publish, reconstruct or reproduce the platform and app.
4.3 The provider provides an interface between the user and other users on the platform and via the app. Only the technical means are provided to create, share and consume auditory learning content. As a host provider, the provider does not have any influence on the content shared by users; this content is made available exclusively by the user.
4.4 The services on the platform and the app are free of charge. In connection with the use of the Platform and the App, costs of data transfer from the network operator may be incurred, which shall be borne by the User.
4.5 Every user can create audio files with learning content using the tools provided on the platform and the app. The user assures that he/she is entitled to publish the uploaded content and that he/she does not violate the rights of third parties by uploading and publishing the content. In particular, the user is only permitted to record himself or persons by whom he has been expressly authorized to do so.
4.6 The recording and uploading of recordings of lectures, other public and non-public lectures as well as other (copyright, personality and data protection) legally protected content is prohibited without exception. Reading out and recording protected third-party content as well as copyrighted learning materials (e.g. comments, books, scripts) is also not permitted (even if the source is indicated). If the user is permitted to rely on sources, these used sources must be indicated.
4.7 The provider may remove individual or all content uploaded by the user on the platform or the app and links set by the user without giving reasons. If the User violates the personal rights or intellectual property rights of other users, the Provider or third parties, or creates illegal or inappropriate content, the Provider has the right to block his account. If the rights of third parties are violated by the user, the identity of the user can be disclosed to the violated party.
4.8 The User may use the content available on the platform and via the App exclusively for private study and learning purposes (commercial or business purposes are excluded).
4.9 With regard to technical or economic developments of the internet, legal regulations or requirements or to further developments or improvements of own or third party products, the provider is entitled to change the services at any time.
4.10. The provider is entitled at any time - even without prior notice - to temporarily or permanently discontinue individual services as well as the entire offer available on the platform or via the App, if its security or the security of third parties and/or users is endangered or the continued operation of the service or parts of the service of the provider is economically unreasonable. The Provider shall notify the User of such measures without delay.
5. Granting of licences
5.1 The user (licensor) grants the other users of the platform and the app (licensee) a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the uploaded auditory content. This is to the following extent: The uploaded auditory content may be played, listened to and distributed by Licensees, but not for commercial purposes.
5.2 The license granted shall be valid until the expiration of the copyright and similar rights licensed hereunder. The rights under this point expire if the conditions of this point 5. are not met.
5.3 Upon distribution of the Licensed Content, Licensee shall identify the creator of the Licensed Content and others designated for attribution (including by pseudonym, if specified) in any form required by Licensor that is appropriate (Attribution).
5.4 Licensor may remove the Licensed Content from the Platform or the App at any time.
5.5 Each user of the platform and the app undertakes to exercise the licensed rights exclusively under these conditions.
6. Obligations, duties and rules of conduct of the user
6.1 In order to use the services of the provider to the full extent, the user must use the latest (browser) technologies or enable their use (e.g. activation of Java Script, cookies, pop-ups). If older technologies are used, the User may not be able to use the services of the Provider to the full extent.
6.2 The user must treat the access data as strictly confidential and protect it from unauthorized access by third parties. If the User passes on the access data, in particular the password, to third parties, the User shall be liable to the Provider for any and all damages caused by such third parties.
6.3 Irrespective of any civil and criminal law consequences, the User shall indemnify and hold the Provider harmless in full for any damages - of whatever nature - and for any claims of third parties - of whatever nature - resulting from the violation of the User's obligations.
6.4 Furthermore, the user has the following obligations:
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He may not post any advertising.
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He may not use automated mechanisms (such as bots, robots, spiders or scrapers) to access content or information from other users.
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He may not upload viruses or other malicious code.
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He may not obtain login information or access an account belonging to another person.
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He may not insult, intimidate or harass other users.
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He may not use the platforms for illegal, misleading, malicious or discriminatory activities.
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He may not do anything that could block, overload or impair the proper functioning or appearance of the platforms, such as denial of service attacks, or interfere with functions of the platform or app.
7. availability/warranty
7.1 The provider does not guarantee the constant availability of its services. Downtimes due to maintenance, software updates and due to circumstances (such as technical problems of third parties, force majeure), which are not within the Provider's sphere of influence and therefore not its responsibility and which are not accessible via the Internet through the services it offers, cannot be excluded. The user declares not to assert any claims for damages and/or warranty claims for failures.
7.2 The provider does not guarantee that the platform or app will meet the user's expectations.
8. Liability
8.1 Insofar as this does not violate mandatory law, the provider is only liable for the compensation of damages caused by him, his employees and/or vicarious agents in connection with this contract in the event that these damages were caused by gross negligence or intent. However, the associated limitations of liability do not apply to compensation for personal injury.
8.2. Unbeschadet dieser Haftungsbeschränkung ist die Haftung des Anbieters für Folgeschäden, entgangenen Gewinn, Datenverlust und Vermögensschäden ausdrücklich ausgeschlossen.
8.3 To the extent permitted by law, the provider assumes no liability for the uploaded or linked content, in particular not for its accuracy, completeness and timeliness. The provider also assumes no responsibility for the freedom from viruses or other harmful components of the uploaded content.
8.4 To the extent permitted by law, the Provider shall not be liable for the completeness, correctness and up-to-dateness of the content, information and statements of users or third parties that can be called up on the Website.
8.5 The provider hereby expressly draws the user's attention to the fact that the publication of content that violates (criminal) law or regulations for the protection of minors is prohibited. In addition, no pornographic content or content harmful to minors may be published. Furthermore, in particular contents glorifying war, National Socialism, inciting people to hatred, violence or race hatred, or contents that are insulting, slanderous, insulting or insulting may not be published on the platform or via the app. Furthermore, no links or references may be published that point to pages that contain content related to this .
8.6 The user can report prohibited content to the provider by clicking the "Report" button or by e-mail.
9. duration/ termination of the contractual relationship
9.1 This contract is concluded for an indefinite period. The user is entitled to terminate the contractual relationship in writing at any time.
9.2 The provider is entitled to terminate this contract by giving one month's notice. In the event of good cause, the Provider may terminate the contractual relationship without notice. Important reasons are in particular if
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the user violates the obligations according to points 3. and 4;
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the Provider has drawn the attention of the User to the violation of any other provision of this Agreement and has requested the User to remedy the violation by setting a deadline of at least 14 days and the User does not comply with this request within the set deadline.
10. independent service providers
10.1 Services offered by third parties on the platform or the app (so-called Internet Content Provider, in short: ICP) may be subject to additional conditions and may be subject to a fee for the user. The user is obliged to inform himself about the General Terms and Conditions and fees of ICP before using its services. The contractual relationship regarding the services offered by ICP is only established between ICP and the user, but not with the provider. The provider assumes no liability - of whatever kind - for the services of ICP.
11. choice of law/agreement on jurisdiction/place of performance/language of contract
11.1 All legal disputes arising in connection with the use of the website and the App are subject exclusively to Austrian substantive law with the exception of the referral norms of private international law (e.g. IPRG, Rome I VO). If the contractual partner is a consumer, the choice of law does not result in the consumer being deprived of the protection granted by the mandatory provisions of the law of the state in which he has his habitual residence.
11.2 The place of jurisdiction for all disputes arising directly or indirectly from the use of the website shall be exclusively the Austrian court having jurisdiction for the provincial capital Salzburg, Austria. For legal disputes with consumers within the meaning of the Austrian Consumer Protection Act (KSchG), who have their residence or habitual abode in Austria or are employed in Austria, the statutory places of jurisdiction apply. Place of performance is the registered office of the supplier in 5412 Puch, Austria.
11.3 The contract language is German.
12. salvatorius clause
12.1 If any provision of this contract is or becomes legally ineffective, invalid and/or void in the course of its duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contractual partners undertake to replace the legally ineffective, invalid and/or void (legally ineffective, void and/or null and void) provision by a provision that is legally effective and valid and corresponds in its economic effect to the replaced provision - as far as possible and legally permissible.
13. final provisions
13.1 All declarations of a legally binding nature on the basis of this contract must be made in writing to the e-mail address of the other contracting party last notified in writing. If a declaration is sent to the e-mail address last notified in writing, it shall be deemed to have been received by the respective contractual partner.
14. the consumer's right of withdrawal from a contract concluded at a distance or away from business premises
14.1 In the case of consumer contracts, the user may withdraw from a contract concluded at a distance or outside business premises within 14 days of conclusion of the contract without giving reasons. If the last day of the period falls on a Saturday, Sunday or public holiday, the period ends on the following working day. It is sufficient if he has sent the declaration of withdrawal within the period.
14.2 The withdrawal period is 14 calendar days. In the case of contracts for the provision of services, it begins on the following day of the day on which the contract is concluded.
14.3 To exercise the right of withdrawal, the user can use the withdrawal form available here, which is not mandatory. In order to exercise the right of withdrawal, the User must inform the Provider by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of his decision to withdraw from this contract. In order to comply with the revocation period, it is sufficient that the notification of the exercise of the right of revocation is sent before the end of the revocation period (within the 14 days). If the User revokes, the User account will be deleted from the Platform or App and the User will no longer be able to use the free service of the Platform.
14.4. If the execution of a service is commenced at the request of the User before the expiry of the 14-day withdrawal period pursuant to § 11 FAGG, the right of withdrawal shall lapse after legal notification of these consequences of the premature execution.
14.5 The user hereby acknowledges and expressly agrees that with the first-time use of the platform or the app, the performance of the service by the entrepreneur is commenced before the expiry of the withdrawal period pursuant to § 11 FAGG and that this entails the loss of the right of withdrawal pursuant to § 18 FAGG.