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Terms & Conditions

by Telekom Austria Group
08.02.2011 13:55

INTRODUCTION

PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using the Developer Community ("our Site") in any way you are agreeing to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Terms"). Certain services available through our Site, especially services for which you are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of that particular service.

1. AUTHORITY
You agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms.

2. REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on our Site, you agree to provide true and complete information and keep that information updated. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, TAG may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).
You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification.
In no event and under no circumstances shall TAG be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of TAG under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password.

3. PRIVACY POLICY
TAG is allowed to contact you via Email and to invite you for questionnaires and studies, if you are registered on our Site.

4. SUBMISSIONS OF USER CONTENT
Certain areas on our Site such as blog, forums, wiki, or other features will allow users to post, upload, edit, host?, share and/or publish content including, without limitation, text, code, software, applications, images, icons, photographs, graphics, sounds, music, videos, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests, report or the like or any other materials ("User Content") that will be accessible by the public or the user population generally. With respect to any User Content, while you retain any and all of your lawfully owned rights in such User Content, you grant TAG a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Site to access, display, view, store, distribute, perform, reproduce and prepare derivative works of, such User Content that you have placed in publicly accessible areas of our Site. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content. TAG is under no obligation to post or use any User Content you may provide and TAG may remove your User Content at any time in its sole discretion. You agree that TAG is not under any obligation of confidentiality, express or implied, with respect to your Content. You represent and warrant that you own or otherwise control all necessary rights to the User Content that you post, that such User Content is accurate, that use of the User Content you supply does not violate these Terms and that you will indemnify TAG for all claims resulting from the User Content you supply.
TAG does not guarantee the accuracy, integrity or quality of such User Content. TAG shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any User Content that is available via our Site for any or no reason. We take no responsibility and assume no liability for any User Content uploaded, transmitted, or downloaded by you or any third party. As the provider of the Sites, we are only a forum and are not liable for any statements, representations, or User Content. Any opinions, advice or recommendations expressed therein are those of the users providing such User Content and not those of TAG.

5. INTELLECTUAL PROPERTY RIGHTS
Save for all User Content (as defined above) some of the information, and other data and materials provided on our Site ("Content") is owned by TAG and/or its affiliates, other portions are owned by third parties such as suppliers, vendors, and licensors.
All Content is for your application development purposes and for your personal use only and may not be used, modified, reproduced, transmitted, published, sold, licensed or distributed to any third parties as such or in combination with any applications if the Content would constitute the primary value of the product being distributed, or exploited in any other way without the written consent of TAG or the respective right holder.

6. THIRD-PARTY INFORMATION
Parties other than TAG may offer and provide services on or through the Sites. Except for TAG branded information or services that are identified as being supplied by TAG, TAG does not operate, control, or endorse any information or services on the Sites or accessible through the Sites in any way. TAG is not responsible for examining or evaluating, and TAG does not warrant the offerings of, any of these businesses or individuals or the content of their websites. TAG does not assume any responsibility or liability for the actions and content of all these and any other third parties.
The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by TAG of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to the Sites is at your own risk.

7. ACCEPTABLE USE
You agree to use our Site, the User Content and the Content (whether provided by us or others) in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site or User Content or Content, nor will you use our Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any User Content or Content or use our Site in any manner that:
  1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
  2. infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
  3. removes any proprietary notices or labels on the Content;
  4. constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
  5. interferes with others using the Sites;
  6. is off-topic according to the description of the group, forum or webpage;
  7. contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
  8. uses any TAG domain name as a pseudonymous return email address;
  9. modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site's underlying technology.

8. DISCLAIMER OF WARRANTIES
You expressly agree and acknowledge that the use of the service is at your sole risk and that you are exposed to user content from various sources. TAG assumes no liability or responsibility for any user content or information provided by other users of the service. The service, as well as content and user content thereof, are provided by TAG on an "as is" and "as available" basis. TAG does not warrant that the service will be uninterrupted or error or virus-free. TAG expressly disclaims any express or implied warranties including, without limitation, warranties of title, non-infringement, merchantability, fitness for a particular purpose, availability, accuracy, reliability or content of these pages.

9. LIMITATION OF LIABILITY
In no event shall TAG be liable for any direct, special, indirect, incidental, special, exemplar, punitive or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or connected with any matter relation to our site, even if TAG or its authorized representatives have been advised of the possibility of such damages.

10. INDEMNIFICATION
You agree to indemnify, defend and hold harmless TAG and its underlying content and service providers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of any User Content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another.

11. TERMINATION
You may terminate your account and agreement with TAG if you no longer wish to use our Site. After termination, you will no longer have access to certain parts of our Site.
TAG may at any time terminate your account and agreement with you, or restrict your access to certain parts of the Site, if: (a) there is an indication that you have breached any provision of the Terms; (b) if you have not signed into our Site with your username in the past six (6) months; (c) TAG is required to do so by law; or (c) the provision of our Site is, in TAG's sole opinion, no longer commercially viable.
TAG shall not be responsible for any removal or loss of the information or User Content you have submitted from our Site when your registration is terminated.
After the User Content is removed from our Site by either you or TAG, traces and copies of the Material may still remain.

12. SEVERABILITY
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

13. JURISDICTION AND CHOICE OF LAW
These Terms shall be governed and construed in accordance with the laws of Austria. The competent court shall be the relevant court for A-1030 Vienna which has subject-matter jurisdiction.

14. ASSIGNMENT
TAG may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of TAG.

15. CHANGES TO THE TERMS OR SITE
TAG may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site.

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