1. Scope of Applicability
By logging on (registration) or using the services offered by mycarmovie.com Betriebs- und Vermarktungs-GmbH, Wilhelminenstrasse 91/IIc, 1160 Vienna (in the following referred to as "MyCM"), Austria on the website www.mycarmovie.com (in the following referred to as "MyCM.com") you accept the General Terms and Conditions (in the following referred to as "GTC") laid out below and generally valid law. If you should reject these GTC or parts thereof you may not log on to MyCM.com or use the offered services. MyCM reserves the right to amend the GTC if necessary and announce this on MyCM.com. All amendments are accepted by logging onto or using the offered services. Services offered in connection with a third party may be subject to differing terms of use which will be expressed within the exceptional services linked adequately.
2. Log On (Registration)
For using some of the services on MyCM.com it is required to log on. Entitled to log on are all those persons who are either of full legal capacity or who act with the consent of their statutory representatives. Using pay services is reserved to persons of full legal age. Under age persons are only entitled to log on with the consent of their parents and with complete understanding of the meaning of the log on process, of the ensuing rights and duties and about the guidelines of electronic data processing. By giving their consent to their children logging on the parents accept full responsibility for their children's online behavior and for a possible misuse of the offered services. Further it remains to be said that some of the offered services and content is not suitable for underage persons and that the last admission control is incumbent on the parents. All persons commit themselves to fill in the requested data in the registration form and to update them in case of changes. It is not possible to transfer a user account including the corresponding rights. Further, all user data has to be kept secret, MyCM is to be informed in the event of alleged misuse.
3. Costs
The services offered on MyCM.com are normally free of charge. MyCM reserves the right to add pay services to the portal or begin to charge money for already existing services. In this case the users will be informed about these costs adequately and clearly. Independent from the log on, which is free of charge, using pay service entails that the user is asked to give information about his or her bank connection and further data. Should services on MyCM.com be offered by a third party a payment agreement is concluded directly between the user and this third party, informing clearly about the costs.
4. User Liability
Only registered (log on) persons are entitled to an account. They are liable for any activity or misuse committed by other persons using this account. Users are must report any actual or suspected misuse of their account to MyCM. Users are liable for any costs ensuing from using the services offered on MyCM.com, including hardware costs and internet service providing costs and similar costs. Users may not engage in activities which may lead to impairing the functionality of MyCM.com, particularly using software and scripts which conduct automated data scans or which slow down the system in any other way. Further it is prohibited to amend publicly accessible parts of the portal or parts belonging to other users. All services offered by MyCM.com are solely intended for private use, should there be no notice of the contrary. Users are prohibited to use any services and content units for commercial purposes. Users are also liable for all unusual and illegal use of content and services offered on MyCM.com, including consequential damage. Users commit to use the usual communication rules when communicating with the other users; this means treating other users in a respectful way, accept opinions dissenting from your own and refrain from using slurs and slander. MyCM has the right to remove communicational contributions which contravene usual public morals and, where appropriate, terminate the membership of users. We commit ourselves to remove any contributions which damage other users' reputation or which are offensive right after taking notice of them. However, we decline any form of liability on our part. Further MyCM declines all liability for third party websites with links to MyCM.com.
5. Duration and Ending of the Permission of Use
Registration with MyCM.com is not limited in time and ends only if one of the two contract parties terminates it. Users have the right to terminate their account anytime and without giving reasons. They can do so by email or by writing to the aforementioned address. MyCM reserves the right to terminate a user's account after 4 weeks of notice without giving reasons. MyCM is further entitled to terminate an account without this notice period should important reasons necessitate this, especially if users break the law or contravene these GTC or if there is a copyright infringement. In the event of a suspicion of the aforementioned reasons MyCM also has the right to suspend access to an account. All stored user data will be deleted in due time. Financial liabilities of users towards MyCM or third parties continue to exist even after the termination of an account. Users continue to be liable for any misuse or damage done during the time when the account was active. Registered users may not use their accounts to grant access to services and content offered on MyCM.com to persons whose accounts have been terminated. Certain offers by thirds parties my entail different contract durations or notice periods in the event of contract termination which will be described within these offers. MyCM also reserves the right to cancel or suspend the operation of MyCM.com or parts thereof, thereby terminating the permission of use of the publicly accessible part.
6. Publishing of Content
MyCM.com is a multimedia web 2.0 platform. By connecting various services, it supports the uploading, searching and viewing of various contents related to the world of automobiles (videos, pictures, text, music, sound, et cetera). MyCM.com also supports the user community by making it possible to contact each other and communicate with the help of comments, web forums, assessment, votings and emails. For this purpose users are entitled to use services and web space to store, publish, search, view, comment and assess. Normally contents which are published on MyCM.com are not checked. Users assure to upload only contents which are either public domain, for which the person uploading has the rights or permission by the rights' owner. It is prohibited to publish content which is illegal or otherwise contravening public morals, especially content which is glorifying violence, racist, menacing, libelous, annoying, offensive, pornographic or otherwise harmful to minors. Furthermore users are prohibited to upload contents with the aim to disseminate political or ideological attitudes, to advertise them; it is also prohibited to offend others because of their political or ideological attitudes. Should a user come across unacceptable content or content in breach with copyrights this user is asked to forward sufficient information to MyCM for further handling of the matter. In the event of an actual violation of these GTCs, to general law or copyright MyCM will remove the contents in question and if necessary take up legal action in due course of time. Storage or publication of commercial content is prohibited. Further the user has to see after the safety of uploaded content, especially when it comes to software or scripts which could influence the performance of MyCM.com. MyCM reserves the right to block, remove or deny publication of contents which are in breach of the AGB or, in certain cases, to block the user, terminate the account and/or claim damages. Users grant full rights of usage to MyCM free of charge by storing and publishing contents on MyCM.com. Users agree to the worldwide publication, duplication and transfer to third parties. This also includes promotion measures around the published content. MyCM has no claim of possession in respect of the published content or the rights thereof.
7. Disclaimer
The utilization of services offered on MyCM.com is carried out at the user's own risk. MyCM does not guarantee the continuous, flawless and secure availability of the services offered by MyCM or third parties. MyCM does not accept any liability in respect of damage done or costs accrued as a result from using services on MyCM.com provided by MyCM or third parties. MyCM accepts liability only in case of damage resulting from gross negligence or intentional wrongdoing. Any claims have to be brought forward within 12 months. MyCM declines all liability for the availability or the content for links or search engine results to third party web-sites because it is not possible check the content with justifiable effort due to its vast amount due to technical automation. Should there be a founded suspicion that a link is leading to a web-site or any other source with illegal content then MyCM will remove this link in due course of time. Within the limits of due diligence the provision of all information, offers and other services on MyCM.com, links or services provided by third parties is done without warranting their accuracy and completeness. The user declares to be in holding all necessary rights thereby indemnifying MyCM and holding MyCM harmless. The aforementioned disclaimer includes not only MyCM but also organizations associated with MyCM and their employees, partners and other representatives.
8. Trademark Rights
MyCM is in possession of all trademark rights and other property rights in connection for the services offered by MyCM. It is illegal to copy, amend or utilize for personal purposes or disseminate MyCM's services or parts thereof without the explicit written consent of MyCM.
9. Data Protection
By logging on to MyCM.com (registration) or using the services offered on MyCM.com users accept the Data Protection Guidelines which can be viewed separately.
10. General Information
The court of jurisdiction and the place of delivery is Vienna as far as legally viable under Austrian law. The United Nations Convention on Contracts for the International Sale of Goods is not applicable. Should regulations of the GTC be amended or suspended in full or in part these GTC remain applicable. There are no oral covenants. All amendments to the GTC require a written form.
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