General Terms and Conditions for the Use of Applications owned by CIAmedia
- Scope and Applicability
The downloaded Application (“App/s” or “Application/s”) is owned and operated by CIAmedia are services of CIAmedia GmbH commercial register of Austria No 401098 a, business address: Matznergasse 17, 1140 Vienna, Austria („CIAmedia“, „we“ or „us“) and are provided to you by CIAmedia GmbH. These General Terms and Conditions for the Use of Apps owned and operated by CIAmedia shall apply to all services provided by CIAmedia GmbH to you. They shall also apply to future transactions, even if they are not expressly referred to. By installing or running the Applications you expressly state that you accept these General Terms and Conditions.
The services of CIAmedia GmbH are provided to you free of charge except for paid services which you may choose to purchase.
CIAmedia GmbH shall not be liable for damage, unless it was caused by CIAmedia GmbH or its agents with willful intent or gross negligence. Any liability for personal injuries shall remain unaffected thereby. Any liability for third-party damages, consequential damages and lost profits shall be excluded. CIAmedia GmbH shall not be liable for the content of the data transmitted and the content of data that may be accessed via the “Apps”. CIAmedia GmbH reserves the right to block individual offers if statutory provisions, such as the Austrian Telecommunications Act [Telekommunikationsgesetz] or the Austrian E-Commerce Act [E-Commerce-Gesetz] so require or if it is necessary for internal reasons.
CIAmedia GmbH operates the Apps with utmost care, reliability and availability. However, CIAmedia GmbH does not warrant that the Apps will be available without interruption, that the desired connections can be established at all times or that the information transmitted is always correct, accurate and complete. The information transmitted to you may also contain advertising information and by using our services you expressly agree to transmission of such advertising information. Your mobile network operator may demand from you data transmission charges for transmission of data from or to your handset via our servers in connection with the services requested by you.
- Scope of Use
By installing or running the specific App software you will obtain a simple license to use the software in line with its designated use. Any additional granting of rights to use the software shall be excluded.
Content made available by you or used by you in connection with our service, such as texts, images, photos or the like, may be subject to the provisions of copyright law or comparable provisions. You expressly agree to only contribute contents to the specific Apps with respect to which you hold all necessary rights, including the rights to re-use by CIAmedia GmbH in accordance with the designated use. You shall transfer to CIAmedia GmbH the rights necessary for running the specific Apps, in particular the right of reproduction and the right to keep the content available for public download. This transfer of rights from you to CIAmedia GmbH is related to all services being presently provided by CIAmedia GmbH and it is furthermore related to all equal or at least similar services being provided by CIAmedia GmbH in the future.
- Data protection
CIAmedia GmbH shall not store or otherwise permanently process any personal data which is generated when using the Apps, unless storing of such data is an express purpose of the respective App. If you yourself actively store personal data with us, we will use such data exclusively for provision of the Apps, which shall also include preparation of public telephone directories. If temporary processing of indirect personal data, including but not limited to connection data as defined in the Austrian Telecommunications Act, is necessary for execution of the service you expressly agree to such data processing. Any other permanent data storage shall be made without any reference to your person or your mobile phone number and shall be made exclusively in an anonymized form for statistical purposes. Any passing on of personal data which concern you and which you have made available to third parties shall be excluded unless it was expressly agreed in these General Terms and Conditions.
- Other provisions
CIAmedia GmbH reserves the right to expand or limit the services offered. If additional features are introduced these Terms and Conditions shall also apply to such additional offers once you use them. These General Terms and Conditions may be adapted if necessary as long as the main duties of the persons involved remain unaffected.
CIAmedia reserves the right to freely assign and transfer the rights and duties under these terms and conditions to any third party.
Should any provisions of this agreement be or become ineffective, invalid or unenforceable, this shall not affect the effectiveness, validity or enforceability of the remaining provisions. In the case of ineffectiveness, invalidity or unenforceability of any of these provisions, a provision which is neither ineffective, nor invalid or unenforceable and which in its economic result comes closest to the provision to be replaced shall be agreed upon between the parties to this agreement.
The court in Vienna having local jurisdiction and subject-matter jurisdiction shall have jurisdiction regarding any disputes; applicability of Austrian law shall be deemed agreed and UN Sales Law and the conflict of laws rules of private international law shall be excluded. If you have used services of CIAmedia GmbH as a consumer, the court of your general place of jurisdiction shall have jurisdiction.
Last update: October 2015