Terms of condition
For the websites APP´s and Shop´s of Audiocont.com (Wert-Werk GmbH)
Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission is providing an online dispute resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/ We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body. The European Commission is providing an online dispute resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body.
General Terms and Conditions (GTC´s)
Provider and operator of Audiocont services:
Wert – Werk GmbH
Company Name: GESELLSCHAFT FÜR WIRTSCHAFTSFÖRDERUNG, ENVIRONMENT, REORGANISATION, TECHNOLOGIE GMBH
(Also later called audiocont or "audiocont GmbH" for the audiocont project)
www.audiocont.com und www.wertwerk.at
Tel: +43 (0) 1 9623255 05039
Company register number: FN133883m; Tax number: ATU55332606; Company register court: Vienna / Austria
Managing Director: Mag. Wilhelm Georg Kerschbaum
Notice of liability AUDIOCONT reserves the right to amend and/or supplement these General Terms and Conditions (GTC´s) for the future. AUDIOCONT will notify you of such changes in good time. Such changes shall be deemed to have been approved by you if you do not object to the changes or terminate the contract within one month of receipt of the change notice. In the event of an objection, you can no longer use the services of AUDIOCONT. AUDIOCONT reserves the right to continue to use or delete the files uploaded so far. AUDIOCONT assumes no liability in this respect.
General Terms and Conditions for the Apps and Online Services of AUDIOCONT preamble These Terms and Conditions of Use and Business (hereinafter: "GTC") are the content of the agreement between
(FN133883m), (hereinafter: "AUDIOCONT or AUDIOCONT GmbH") based in 1090 Vienna, Schwarzspanierstr. 11/11
(hereinafter referred to as "USER")
regarding the online services and smartphone tips offered by AUDIOCONT GmbH, in particular APPS[Audiocont]. (hereinafter referred to as "APP"). AUDIOCONT operates a website under the domains [www.AUDIOCONT.com, outher Domains owned by Audiocont GmbH and possible subdomains like shop.AUDIOCONT.com].
The main content of this website is the distribution and the provision of audio files of third parties with primarily technical content, primarily for the purpose of conveying information, which reads to the USER personalized and professionally prepared topics. The website or the shop offers third party content providers the possibility to provide their information in audio/visual form via a CMS. In this case, audiocont only acts as a technology platform for providing the information and optionally as a sales platform. Responsible for the contents are the respective content creators. In the app The audio files listed under I.2. are uploaded to Audiocont's servers and downloaded by the users to their smartphones and the corresponding APP.
The contract between AUDIOCONT and the USER is concluded by a contract of use with a major customer such as a company and/or for the individual customer of the registration of an account and purchase process on http://www.AUDIOCONT.com and the associated submission of the USER to these GTC, including the transfer to AUDIOCONT of the rights referred to under points IV.3. and 4 associated with the use on the one hand, and acceptance of the registration and transfer of rights by AUDIOCONT on the other hand. III. registration data protection information In order to use the services of AUDIOCONT, the USER must be registered. There are two types of user accounts. One for a fee and one free of charge. The USER may also use the websites without registration and view all services released for non-registered use. These are very limited and primarily serve to bring AUDIOCONT's services closer to the USER.
Free registered USERS have access to files, but this is limited. However, if the USER wishes to use qualified content and/or place works on the websites himself, he must first register with AUDIOCONT by opening a user account]. The registration is free of charge or with costs and takes place via a separate free or with costs registration on the HP. With the registration AUDIOCONT and the USER conclude a contract for the use of the online services.
The USER must provide a complete and correct first and last name, a valid e-mail address and his current address and/or registered office when registering. In addition, the USER can provide his account details or another payment service such as Paypal. This information is not necessary for the free user account, but makes it easier when switching to a paid user account.
The user name
The user name must not consist of an Internet address, violate the rights of third parties - in particular no name or trademark rights of third parties -, offend against common decency or be vulgar, racist or offensive in any other way.
Upon registration, the USER must choose a user name and password.
The USER is responsible and liable for all activities that are carried out using his user name. Therefore, he must keep his password secret and carefully secure access to his user account. If the USER has indications that his user account has been misused by third parties, he must delete it and, if necessary, create a new one. If the USER has not violated his duties of care, he is not liable. The monthly costs continue to run, despite deletion, until the next possible cancellation date.
The USER is not entitled to transfer his membership account to a third party without AUDIOCONT's prior written consent.
The 14-day trial month, with which qualified content can also be viewed, is only possible once per user.
How the APP[Audiocont] works
The app is downloaded and installed by the USER on a smartphone. It offers the USER the possibility to play back the audio files in a personalized way, to evaluate them and to be checked if desired.
The app is a player that compiles the audio content individually on the device based on the user profile. Personalization allows not only personal prioritization, but also a personal composition of the content in different categories. If desired, the app can also be used to monitor listening progress and content.
Transfer of rights
While using the APP and/or the online services, the USER creates works of literature by creating audio files (§ 2 Copyright Act). Likewise, an audio file that is translated into another language is protected under § 5 of the Copyright Act.
The USER may decide to upload the works created by him by using the online service at http://www.audiocont.com, a sub-domain or another domain owned by audiocont. (the content cannot be uploaded via the app itself.
The upload and the following described transfer of rights to the USER's work takes place when the USER's smartphone or computer is connected to the Internet by pressing the button "create/upload/etc" integrated on the homepage (www.AUDIOCONT.com), after manual selection of the work to be uploaded. After uploading, AUDIOCONT has the right to make the work available to a wide public on any of AUDIOCONT's online services.
The upload and the following described transfer of rights to the USER's work with an upright internet connection to the USER's PC is also carried out by pressing the button "create/upload/etc." integrated in the respective web application.
The decision whether a work is uploaded to all or only to certain AUDIOCONT online services determines AUDIOCONT alone. AUDIOCONT is in no way obliged to publish any work provided by the USER. The USER also has no right to publication by AUDIOCONT.
By pressing one of the buttons "Create", "Upload" or any other button with which the USER expresses his will to create a work iSd. By uploading one of its subwebsites to the http://www.audiocont.comoder website in accordance with the German Copyright Act, the USER grants AUDIOCONT the unrestricted, exclusive and irrevocable right to use the work free of charge[or "as contractually agreed in advance"]. 24 Copyright Act on the work he has already created. This includes, but is not limited to, works of literature. AUDIOCONT accepts the granting of rights by publishing the work on http://www.audiocont.comdiese
The USER, who has performed his work in accordance with points V.3.u. 4. has uploaded to the website, its file medium may not place on any other platforms, except AUDIOCONT expressly permits this in writing, or the information was already published on another medium at the same time or early.
AUDIOCONT reserves the right to discontinue individual services or parts of individual services at any time without prior notice.
All rights to programs, services, processes, software, technologies, trademarks, inventions, databases and all materials belonging to AUDIOCONT belong exclusively to AUDIOCONT. The use of all programs and the contents, materials and labels contained therein are only permitted for the purposes stated in these General Terms and Conditions. Reproduction of programs, services, procedures, software, etc. - for any purpose whatsoever - is not permitted.
The USER is solely responsible for all contents such as texts in chat forums, data and contents in audio files (hereinafter "Content") which are transmitted by the USER AUDIOCONT. This content is placed on
AUDIOCONT has not reviewed and does not represent the opinion of AUDIOCONT. AUDIOCONT expressly distances itself from this content. These are not AUDIOCONT's own contents, but external contents of the USERS. AUDIOCONT is interested in the plurality of opinions of its users and provides them with a forum for these opinions. AUDIOCONT reserves the right to check the content in individual cases. The USER has no legal claim to publication of the transmitted content.
It is the responsibility of the USER that the transmitted content is legal, does not violate applicable laws and does not infringe the rights of third parties. In particular, the USER undertakes to AUDIOCONT to ensure that the transmitted content does not violate criminal law provisions, copyright, competition law, youth protection law, trademark law and other industrial property rights as well as personal rights of third parties.
In particular, it is forbidden to transmit content that
insulting, defamatory, threatening, obscene and harassing,
b. is racist, National Socialist or serves illegal purposes,
c. propaganda for anti-constitutional organisations,
d. glorifies and/or trivializes drugs,
e. glorifies and/or trivializes war or violence,
f. offends against good manners, good tone or good manners,
g. is grossly offensive,
h. is of a pornographic or sexual nature,
i. is harmful to minors,
j. is extremist,
k. promotes a terrorist or extremist political group,
l. calls for a criminal offence,
m. contains defamatory statements,
n. is punishable by law or otherwise unlawful or linked to unlawful content, or
o. contains party or political propaganda.
Likewise, for legal reasons, the USER may not post any links that refer to pages of law firms or similar legal sites with the intention of making a profit.
When using the forums, chat rooms and other services, the USER must observe good manners.
5. the content transmitted by the USER may not contain any untruths about third parties and may not otherwise violate rights, in particular personal rights and copyrights of third parties.
With the transmission of content the USER assures that he has the necessary rights of use for the publication of this content in the Internet. Furthermore, the USER warrants and assures that the content transmitted by him is not encumbered with rights of third parties.
In particular, the USER must ensure before transmitting a file (audio files and other corresponding files) that he/she has the right to use the audio files or other corresponding files, including the right to make them publicly accessible via the Internet.
The USER is obliged to indemnify AUDIOCONT from all claims of third parties due to the violation of their rights, in particular their copyrights, industrial property rights and other property rights due to the content transmitted by the USER. Furthermore, the USER is obliged to inform AUDIOCONT immediately if the USER subsequently becomes aware that he is not entitled to the necessary rights of use for the publication of this content or if he subsequently becomes aware that this content is not legal. AUDIOCONT is entitled to pass on personal data of the USER to third parties if AUDIOCONT has reasonable grounds to suspect that the content transmitted by the USER has infringed the rights of third parties and third parties assert the infringement of these rights against AUDIOCONT.
By submitting content, the USER grants AUDIOCONT the irrevocable, temporally and spatially unlimited and transferable right to reproduce, distribute, publish, exhibit, make publicly accessible, change, translate and store the content. This includes the right to edit, design, adapt the content to the file formats required for use and to change and/or improve the presentation quality. This granting of use continues beyond the term of this contract, i.e. AUDIOCONT is not obliged to delete content that the USER has transmitted to AUDIOCONT upon termination of the contract. The obligation of the USER to notify and indemnify according to point VII.8 remains unaffected by this. However, the obligation of the USER to notify and indemnify AUDIOCONT does not apply if the USER has pointed out that he (more) is not entitled to the necessary rights of use for the publication of the content or that the content is not (more) legal in his opinion and AUDIOCONT then does not remove the content from his website within a reasonable period of time. The USER is obliged to give AUDIOCONT a precise description of the content (time and place of posting, which forum, etc.), as this is the only way to ensure that AUDIOCONT can remove the content from its website within a reasonable period of time.
VIII. Deletion, Warnings, Blocking and Termination
If there are concrete indications that the USER violates legal regulations, rights of third parties or these GTC or for any other important reason when transmitting content and/or using the services, AUDIOCONT may delete all or part of the content sent by the USER without further notice or period, restrict rights of use in forums or other categories of use, issue a warning to the USER or temporarily and permanently block his user account. When choosing such measures AUDIOCONT will consider the legitimate interests of the USER in the decision. In the event of termination by AUDIOCONT for the aforementioned reasons, the USER's obligation to pay continues until the end of the quarter in which the USER could have terminated the contract in the sense of ordinary termination. AUDIOCONT is not obliged to maintain its services towards such USER.
AUDIOCONT also reserves the right to refuse the conclusion of a user agreement (II.) with a potential USER without giving reasons or to terminate the contractual relationship with a USER without notice and to block his account without giving reasons.
USERS with a free user account may terminate their account at any time without notice.
Termination by the USER shall be effected through the same portals or the usual forms of contact available to the customer at the time the contract was concluded. All relevant information can also be found at www.audiocont.com
The justified termination by AUDIOCONT is effected by written form...
Rights and obligations of the USER
The USER undertakes to treat the access data to his account confidentially and carefully and under no circumstances to pass them on to third parties.
The USER also undertakes not to pass on his smartphone to any third party while logged into the APP or an AUDIOCONT online service.
The USER undertakes to log out of his account after each use of the APP or an online service and to log in again before each use in order to prevent misuse of his account or the APP in the event of loss or theft.
The USER agrees to indemnify and hold AUDIOCONT harmless from and against all consequences and disadvantages resulting from loss, theft or disclosure of his/her data or loss, theft or disclosure of his/her smartphone while logging in to the APP or an online service.
AUDIOCONT is not liable for damages and disadvantages incurred by the USER through loss, theft or passing on of his data or his smartphone.
The USER assures with knowledge of the civil and criminal law consequences that his information is correct and complete when registering his account. The USER is obliged to inform AUDIOCONT immediately, at the latest within 7 (seven) days and to update his account. The USER does not have any claims against AUDIOCONT due to damages resulting from the incompleteness or incorrectness of the published data; however, the USER itself shall indemnify and hold AUDIOCONT harmless for all adverse consequences and damages arising from its incorrect, incomplete or out-of-date information.
The USER indemnifies and holds AUDIOCONT harmless for all consequences and disadvantages arising for AUDIOCONT or third parties from the use of the APP and/or online services contrary to the agreement or misuse and/or the breach of the USER's obligations under these General Terms and Conditions.
Personal and legal requirements for using the APP and the online services
The APPS and/or online services may only be used by authorized natural persons.
The individual USER must have a delivery address in Austria or Germany. The delivery addresses of business or major customers are unlimited
AUDIOCONT is entitled to check the identity and legal capacity of the USER. For this purpose the USER has to send a photo of his official photo identification (e.g. passport, identity card, driving licence) to[EMAIL ADRESSE] within 7 days at AUDIOCONT's one-time request. AUDIOCONT is entitled to block the USER's account until the verification of his personal data has been completed.
Technical requirements for using, installing and using the APP
The use of the APP and online services requires the registration of an account (user account). Registration is done online and/or after downloading and installing the APP on the USER's smartphone.
Fees charged to the USER for the download and use of the online services and/or the services provided by the USER.
Fees incurred by the USER in downloading and using the online services and/or APP from his telephony/data contract shall be borne by the USER alone. AUDIOCONT is not liable for increased telephone costs incurred by the USER from the use of the APP and/or online services.
The USER undertakes not to make any changes to the APP or the online services of any kind, unless this is intended for agreed use. The USER indemnifies and holds AUDIOCONT harmless against any such change. AUDIOCONT reserves the right to take legal action against any modification of its APP or its online services by the USER.
For the use of the APP and/or the Online Services it may be necessary for AUDIOCONT or AUDIOCONT authorized representatives to communicate with the USER in electronic form. The USER expressly agrees to this correspondence by electronic mail.
By using the APP and/or the online services, anonymous or anonymous non-personal data is automatically collected. The USER expressly agrees to the collection, electronic recording, storage, processing and commercial use of his personal and non-personal data.
AUDIOCONT uses various techniques to temporarily store the USER's data, such as authentication cookies, smartphone-specific cache, APP-specific memory for storing login data and caching USER operations, as well as storing playback progress and personal settings on the device and synchronizing them later with the server.
The USER may remove or block these techniques used by AUDIOCONT from his smartphone at any time. The USER expressly acknowledges that deleting and/or blocking these techniques may impair the functionality of the APP and/or the online services.
XIII Copyrights, trademark, design and labelling rights
AUDIOCONT expressly reserves all rights to the contents of the APP and or the website[www.AUDIOCONT.com], in particular all rights guaranteed by copyright law and other legal norms, such as rights of use, exploitation and performance. The contents of the APP and the website may not be used by the USER without prior express written consent of AUDIOCONT contrary to the agreement.
All trademarks and labels visible in the course of using the APP and/or the online services are the property of their respective owners. The USER undertakes not to impair the associated trademark and trademark rights in any way.
Unless otherwise provided for by special agreement or law, AUDIOCONT's liability for contractual or statutory claims, in particular for indirect damages and consequential damages, consequential damages caused by defects, financial losses, lost profits, savings or profits not achieved, loss of interest, lack of economic success, positive breach of contract, culpa in contrahendo, error and for damages arising from claims of third parties, is excluded insofar as the USER is not liable to AUDIOCONT.
In contractual relationships with entrepreneurs, i.e. outside the scope of application of the Consumer Protection Act, liability for slight negligence is also excluded in any case.
Furthermore, liability for adverse consequences or damages that are not typically foreseeable when using the APP and/or the online services is excluded.
AUDIOCONT shall not be liable for loss of data or damage to the User's smartphone or other devices (computer, tablet, etc.) resulting from the User's downloading, installation or use of the APP or the hardware provided for audio recording by AUDIOCONT.
The APP and the online services have been programmed with the care of a prudent company and are constantly being further developed. The USER has the possibility to download and install free updates of the APP as soon as they are available. The USER acknowledges that according to the current state of the art it is not possible to guarantee absolute freedom from errors of the APP and/or the online services despite extensive test runs. Despite all care in programming, AUDIOCONT cannot exclude that a malfunction of the APP and/or the online services could cause damage or loss of data and/or hardware components on the USER's smartphone. From it, in particular from the data loss and/or the damage of the Smartphone, no requirements result for the USER against AUDIOCONT.
AUDIOCONT regularly offers free updates of the APP to take technical innovations and changes into account, to increase data security and to react to technical developments. If the USER does not carry out these updates offered regularly free of charge, AUDIOCONT is also not liable for damages which the USER may suffer as a result of the use of this website.
use of an out-of-date version of the APP.
Due to the risk of data loss and/or hardware damage formulated under point XIV.4., the USER undertakes to make or have backups made of the data contained on the smartphone regularly, but at least once a week, in order to comply with his duty to mitigate damage. In case of violation of this obligation, AUDIOCONT's liability for resulting damages of the USER is excluded.
The APP and/or the Online Services may contain third-party content and/or links to third-party content. AUDIOCONT is not liable for these contents. As far as links to websites of third parties are established, the USER acknowledges that these are operated by third parties and that AUDIOCONT has no influence on the content of these pages and on the information published there. AUDIOCONT does not check the contents of these pages and accepts no liability in this respect.
Any contractual relationship between the USER and AUDIOCONT shall be governed exclusively by Austrian law. The application of the UN Sales Convention is expressly excluded.
Any disputes arising from this agreement shall be subject to the respective competent court in Vienna.
Contrary to the agreement on the place of jurisdiction under item IV.2., in accordance with the Consumer Protection Act (KSchG), for actions against consumers who have their domicile or habitual residence in Germany or are employed in Germany, the place of jurisdiction in whose district the consumer has his domicile, habitual residence or place of employment applies.
Should any provision of these GTC be legally void or ineffective, this shall not affect the validity of the remaining provisions. Any invalid or ineffective provisions shall be replaced by such valid provisions that come closest to the intended economic and legal purpose.