Conditions of use for Imlix
Scope of application
By using the services and information offered at the online marketplace, the user acknowledges the present contractual provisions. The user knows that the provider makes the offered services and information available exclusively and under the express condition of compliance with the present contractual provisions and is otherwise not prepared to make this information available to the user.
Upon availing oneself of the services and information offered at the online marketplace, the user is obligated to comply with these provisions or to forgo use thereof. Furthermore, in the event of non-compliance with the contractual provisions, s/he expressly agrees that the provider may legally prohibit the user from using its services and may require compensation for damages and that the provider also expressly reserves the right prosecute any unlawful use.
Scope of rights of use / prohibition against reuse of information
Under the express condition of unconditional compliance with these provisions, the provider grants the user the right to use the information made available in the online marketplace exclusively for her/his own, non-commercial purposes. By exercising these rights of use the user acquires no rights whatsoever to the content or information that is offered or is made accessible in the online marketplace. The user acknowledges that no claim exists to the availability of the online marketplace or individual parts thereof.
The user expressly undertakes not to reuse the information made available in the online marketplace in any way or form outside of the online marketplace. In particular the user shall refrain from copying, publishing or otherwise, namely on the Internet, reproducing the data made available in the online marketplace in any form.
Copyright, brands and other proprietary rights
All rights to the information, elements and content of the online marketplace, in particular the brands, descriptions and copyrights contained therein are the property of the provider or corresponding rights of use exist through third parties in favour of the provider.
The reproduction, transfer, modification and/or linking to the online marketplace for public and/or commercial purposes in any form is expressly prohibited without prior express written consent from the provider. Non-compliance will be prosecuted under civil or criminal law.
Measuring of website use
No warranty, no offer
The online marketplace contains information provided by third parties, consisting in particular of texts, images, graphics, plans, links etc. The provider strives to assure the exactness of the third-party information reproduced in the online marketplace but expressly gives no assurance or warranty of any kind with respect to the information and content made available. This applies in particular, but not exclusively, to the truth, reliability, completeness and currency of such information. The information in the online marketplace may be modified at any time without notice. The provider has not reviewed the content of the websites linked to the online marketplace and is not responsible for the content of such linked websites.
The information provided in the online marketplace represents neither an invitation to place an ad nor an offer nor a recommendation to rent and/or purchase an item, unless the provider expressly identifies it unmistakably as an "offer" or "invitation to buy or sell". In case of doubt the user must assume that the provider does not wish to enter into a binding agreement. The provider is not a party to a contract that may be formed between the user and a third party publishing information in the online marketplace.
Exclusion of liability
The provider is not responsible for the information published in the online marketplace. In particular, the provider disclaims any liability for this information or for damage that may arise from the call-up, access or use of this information. The call-up and the use of such information and content are made exclusively at the user's own risk. In particular, the provider does not warrant or guarantee the offered goods and services or contracts that may result, such as purchase or rental contracts.
The provider is not liable for abuse of the Internet and associated damage incurred by the user - in particular due to viruses and other damaging elements - for security lapses and failures of third party telecommunications and of the Internet or for operating disruptions and failures of the online marketplace and/or third-party applications.
Applicable law and legal venue
The use of the information and content offered in the online marketplace is exclusively subject to Austrian law to the exclusion of international conflict of law provisions. The exclusive place of performance and legal venue is the registered office of Imlix. The provider is also entitled to sue the user at her/his registered office/place of residence.
Online version, updated on: February 2011 - Imlix