AUSTRIAinHD.com - HD-Videotravelguides Austria - Austria in HD: Online HD video travel guide downloads for your (virtual) trip to Austria

General Terms and Conditions of Business and Use

Effective 30 May 2012

A) General

The following General Terms and Conditions of Business and Use ("General Terms and Conditions") govern the terms and conditions according to which the information and services offered by the site operator of www.AUSTRIAinHD.com (hereinafter referred to generally as the "Site Operator") can be used by the visitors of the Site Operator's website (hereinafter referred to generally as the "Users"). Any amendments or supplements to these General Terms and Conditions and any oral arrangements between the Site Operator and a company are valid only if confirmed in writing by the Site Operator.

B) Download of videos regarding destinations in Austria (B2C)

General:
Using the Site Operator's website, the User can, without charge, acquire information on destinations in Austria (by means of text descriptions, images, videos and data made available by companies on the Site Operator's website) and download videotravelguides created by the Site Operator.

Rights of use in the AUSTRIAinHD.com videotravelguides (for film, music, text and audio material; hereinafter referred as "video"):
The User may ...

Any further use of a AUSTRIAinHD.com videotravelguide is prohibited!

The User may not, among other things,...

Only after obtaining written permission and paying a licence fee, may the User, by adhering to the rights of use specified in the written permission...

If the User does not exactly know or is unsure whether a certain type of use is permitted or not, then, prior to the use, the User must send an enquiry to the Site Operator using the contact form and wait for the reply which will be sent by the Site Operator to the User within a reasonable period of time.

The Site Operator shall prosecute any violation or non-observance of the rights of use, both in civil and criminal law.

Prices, payment and return:
All the prices quoted for video downloading are gross prices (end prices) in euros, including VAT applicable in Austria (currently 20%).
Only Users who have full capacity to enter into transactions - or who are acting with the consent of their legal representatives - are entitled to purchase and download.
Payment shall take place by means of a secured electronic payment system of a third party vendor (e.g., Micropayment, Paypal).
Prior to the purchase of a video, the User may test whether it corresponds to the requirements of the User by means of a free downloadable video.
As an electronic video download is a contractually agreed service provided to the consumer which commences within seven working days from the date the contract was concluded, a right of return is excluded. As such, after the purchase of a video downloaded, an exchange or a refund is not possible and is expressly barred by the Site Operator.

C) Entry of company data onto the internet site of the Site Operator (B2B)

This option of company presentation is only available to Austrian companies, which is why, for this section, no translation is offered in a language other than the underlying German language, which is sufficient for this section.

D) Miscellaneous

General:
For all personal designations in these General Terms and Conditions, the selected form applies to both genders.

Liability for links:
This website contains links to external third party websites the content of which the Site Operator has no control over. Therefore, the Site Operator assumes no responsibility or liability for such third party content. The particular vendor or operator of the linked sites is always responsible for the content of those sites. Prior to creating a link, the content of the sites that are linked are examined for illegal content. If the linked sites display illegal content after creating a link, on account of changes having been made, and the Site Operator becomes aware of this, the affected links shall be immediately removed by the Site Operator.

Content of the online offer:
Liability claims against the Site Operator for damages of a material or immaterial nature that were caused through the use or non-use of the presented information and/or through the use of incorrect, outdated or incomplete information, are generally barred, insofar as no grossly negligent fault is proven to the Site Operator. Strict liability does not apply to users / consumers.
The company information provided is solely based on the information provided by the companies themselves.
Through the use of the content, the User is not relieved of his or her personal liability or duty to exercise diligence.
The content (texts, graphics, photos, videos and other content) of the Site Operator's website may not be copied onto a data medium of any type, either in whole or in part. Excluded from this is the non-exclusive authorisation for the User to himself or herself use the Site Operator's website and create individual printouts for his or her own use, along with any rights already mentioned in the General Terms and Conditions. Furthermore, the User is obligated to refrain from anything that may enable the User or another party to imitate the retrieval system, the structure of the Site Operator's website or the presentation of individual items of information.
All offers are non-binding and without obligation. To the extent objectively justified, the Site Operator expressly reserves the right to change, supplement or delete parts of the sites or the entire offer without a separate announcement, or to discontinue their publication temporarily or permanently.
Some services are made available by third party vendors (e.g. hotel reservations, land/satellite maps, weather information, etc.) and do therefore not fall in the sphere of responsibility of the Site Operator, but in that of the respective third party vendor.

Copyright and trademark law:
All the information and data presented on this website (including the database, programming, videos, etc.) are subject to copyright and are protected by copyright laws. The Site Operator's website and the retrieval system are the intellectual property of the Site Operator. The copyright for published items created directly by the Site Operator remains solely vested in the Site Operator. Any duplication or use of such images, graphics, audio documents, video sequences and texts in other electronic or printed publications is not permitted.
In all publications, the Site Operator strives to observe the copyrights of the used images, graphics, audio documents, video sequences and texts, and to use images, graphics, audio documents, video sequences and texts that the Site Operator created directly or to rely on graphics, audio documents, video sequences and texts not subject to licensing.
All the trademarks specified within the internet offer and, if applicable, trademarks protected by third parties are, without limitation, subject to the regulations of applicable trademark law and the rights of possession of the respective registered owners. However, merely based on the simple mentioning of a name, the conclusion is not to be drawn that brand names are not protected by the rights of third parties!
If a User suspects that content on the Site Operator's website could violate copyright or other rights, the Site Operator requests that it be appropriately notified using the contact form. The Site Operator shall then conduct an examination of the content objected to and, if necessary, shall remove from the website the content objected to.

Cookies:
The User declares that he or she agrees that temporary cookies (session cookies) will be placed on his or her computer if the User does not override this function on his or her PC. A cookie is a text file with symbol/numeric codes that are sent by the Site Operator to the web browser of the User and temporarily saved on the hard drive of the computer. Most web browsers automatically accept cookies. If the User limits or deactivates the cookie functionality in his or her web browser, the Site Operator points out that, under certain circumstances, some offers and/or services on the Site Operator's website may not function or may have only restricted functionality.

Availability:
The offered services are optimised for products currently on the market. The constant, continuing and/or interruption-free availability and usability of offered content and services and the quality of presentation of the images and videos depends on the hardware and software employed by the User.
The Site Operator can limit access to the services, to the extent that this is required for the security of network operations or the maintenance of network integrity, particularly for the avoidance of serious failures of the network, software or saved data.
The Site Operator does not have any control over the availability of the data communication cables of the User's cable vendor. Claims of any type in connection with any unavailability of the Site Operator's website (e.g. upon provider or network problems over which the Site Operator has no control) are expressly barred in relation to companies.
Each User must himself or herself provide for his or her internet access and the costs thereof (also concerning data transfer). Messages regarding interruptions or errors on the Site Operator's website are to be addressed to it by means of the contact form.

Data protection:
If there is an option for inputting personal or protected data (e-mail addresses, names, addresses) within the Site Operator's web pages, the User shall disclose such data on an expressly voluntary basis. The User must thereby pay heed to the truth of the data. The utilisation and payment of all offered services is - to the extent technically possible and reasonable - permitted even without an indication of such data.
Third party use of the contact information (Imprint) of the Site Operator published within the framework of the statutory contact information or similar information (such as postal address, telephone numbers and fax numbers along with e-mail addresses) for the transmission of information of an advertising nature that is not expressly requested is not permitted. The same applies to the contact information of a company in the company entries. Legal actions taken for any violations of this prohibition against the senders of so-called "spam" e-mails or through advertising calls / fax transmissions that are not expressly requested are expressly reserved.

Clarification of ambiguities:
Should there be any ambiguity on the part of the User in connection with these General Terms and Conditions, the User must utilise the contact form to send an enquiry to the Site Operator, which will quickly clarify the User's enquiry. A requirement for this is the indication of a contact option (e-mail address) of the User, so that the Site Operator can contact this person.

Applicability of the General Terms and Conditions:
The Site Operator reserves the right to, at any time, change or adapt the General Terms and Conditions with effect for the future. The current General Terms and Conditions can be viewed at any time on the Site Operator's website and printed. Therefore, the User of the services provided on the Site Operator's website is required to, particularly prior to the purchase of a video or prior to the booking or extension of the term of a company entry, take note of the General Terms and Conditions valid at such point in time.

Legal effectiveness of the General Terms and Conditions:
These General Terms and Conditions are to be regarded as part of the internet offer, from which reference has been made to on this website. If parts or individual formulations of this text do not comply, no longer comply or do not fully comply with the applicable legal framework, the remaining parts of the document remain unaffected thereby in terms of their content and applicability. The contracting parties shall cooperate in partnership to find a corresponding valid provision that is as close as possible to the ineffective provision and fulfils the statutory requirements.

Austrian substantive law is solely applicable, even if the order is placed in a foreign country. For any disputes with companies, solely the territorial jurisdiction of the court with subject matter jurisdiction for the registered place of business of the Site Operator is deemed as agreed.
The authoritative version of these General Terms and Conditions is the version available in German.

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