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1. Contract Partner LAOLA1 GmbH, FN 301484i located in Vienna as well as all associated companies hereinafter referred to as LAOLA1 and Internet users, who registers on one of the website operated by LAOLA1, User 2. Scope of Use LAOLA1 is a platform for sport-relevant information, as well as a platform for Users, who are interested in sport, to exchange information. For this purpose LAOLA1 operates websites under the domains LAOLA1.at (URL http://www.LAOLA1.at), LAOLA1.tv (URL http://www.LAOLA1.tv), and all connected sub-domains (particularly community.LAOLA1.at) and subdirectories of multiple websites (hereinafter referred to as "Websites"). LAOLA1 provides all of the services on and in connection with the websites exclusively on the basis of these Terms of Use, which are accepted by the User in the process of the first registration on one or more of the websites operated by LAOLA1, and/or in using the services offered by LAOLA1. Additionally the Terms of Use of the payment service providers chosen by the User apply. 3. Product Offer / Country Restrictions Following successful registration LAOLA1 allows the User to access the entire LOALA1 product portfolio available on the LAOLA1 websites and use the content either for a fee or free of charge. Payment can be made via a payment service provider associated with LAOLA1. Further details can be found in the corresponding product information. LAOLA1 reserves the right to implement service-dependant and country- or region-specific restrictions. Further details can be found in the corresponding product information. 4. General Agreement / Product Agreement / Activation / Retrieval In registering the User enters a General Agreement with LAOLA1 regarding the use of LAOLA1 and can inform him/herself about the products and the product portfolio. In accessing products in the LAOLA1 product portfolio the User enters an agreement with LAOLA1 with the corresponding conditions of the product offered (Product Agreement). The selection of a product from the video portfolio by the User equates to the offer of LAOLA1. The activation of a premium product (subject to a fee) may only be granted provided the User has successfully completed payment in accordance with the contractual conditions of the payment service provider. LAOLA1 shall then accept the successful ‘activation’ of the service and grant the customer (User) access to the selected product. Upon activation the User shall receive access to the product for a defined period of time, meaning the video content (video file) contained within the product, and can, in as much as the User’s computer meets the technical requirements as detailed in Clause 8, access the content from the LAOLA1 servers and play it. 5. LAOLA1 Community Upon activation the User shall receive access to the product for a defined period of time, meaning the video content (video file) contained within the product, and can, in as much as the User’s computer meets the technical requirements as detailed in Clause 8, access the content from the LAOLA1 servers and play it. In transferring data and any other content to LAOLA1, the User irrevocably grants LAOLA1 the right to publish this content on all websites without any limit in terms of region or time; change it; translate it; save it in any way; integrate it into other content of the internet service; combine it with other content and use it for promotional purposes. LAOLA1 is entitled at any time to remove content from the forum or take further action without prior consultation with the User responsible should the content break any laws or be undesirable. Should the User publish information on the LAOLA1 websites or should the User’s information in any other way become content on a LAOLA1 website, the corresponding User is solely responsible for the content. 6. Partner Companies Business with partner companies of LAOLA1, especially participation in betting, competitions and promotions is deemed exclusively as business between the User and the partner company. LAOLA1 accepts no liability in any way for damage resulting from or in connection with such business or promotions. 7. Technical Requirements In order to use the services of LAOLA1 the following technical prerequisites must be met: a) Hardware: - PC with 1 GHz CPU, 16 Bit soundcard, 256 MB RAM, 64 MB graphics or better Should the User’s system not fulfil all of the requirements above, use of LAOLA1 may be limited or not possible. A refund by LAOLA1 of any fees already paid shall, in this case, not be granted. LAOLA1 cannot provide any guarantee for the unrestricted functioning of content on all systems and all possible system configurations. Specifically, problems caused by firewalls, banner blockers, missing plug-ins, insufficient broadband capabilities or other additional software that does not run properly concerning the playing of videos lie beyond the liability of LAOLA1. 8. User Rights Upon activation and within the scope of the Product Agreement (see Clause 5) the User has the right to use the video files of the product exclusively for private purposes during the defined period for the product in accordance with the clauses and conditions of these Terms of Use. 9. User Responsibility The User guarantees that he/she does not infringe upon any applicable laws by using the websites and assumes responsibility for any consequences relating thereto. Specifically the User is duty bound, > not to use the website for the distribution of immoral and/or illegal information, Users are obliged to respect all existing copyright and trade mark rights of third parties. When granted use of the trademark rights of third parties the User is obliged to observe and adhere to all existing references to the rights in their unchanged form. When transferring data or any other content to LAOLA1 the User guarantees that he/she owns the rights to the said data/content. The User is obliged to indemnify LAOLA1 from all claims made by third parties and/or official measures which result from any infringement of these Terms of Use. Users are obliged to practise ‘netiquette’ – the generally recognised rules which refer to polite conduct between internet and other network users. The User may not transfer this agreement to and may not allow or grant usage of his/her access to any individual and/or legal entity. The User is responsible for keeping his/her User data (incl. password) secure. 10. Distribution Ban / File Integrity Users of LAOLA1 are forbidden from using technical aids to download and save, either temporarily or permanently, or copy any image or video files. A public showing of any kind whatsoever is forbidden. The moving image content is protected by copyright and may not be reproduced, edited or passed on to third parties without the prior consent of LAOLA1. In this case Users must be aware that infringing copyright laws can lead to legal action. The User is obliged not to change any moving image content. 11. User Liability The User is liable for all infringements of the duties detailed in Clauses 10 and 11, and indemnifies LAOLA1 upon first request from all claims by third parties stating that their rights have been damaged by the customer by his/her infringement of his/her duties. 12. Exclusion LAOLA1 reserves the right, in the case of serious breach of duty (particularly infringing regulations) by the User, to block his/her access. The duty of payment as well as assertion of further entitlement concerning delayed payment remain unchanged. LAOLA1 is particularly entitled to block the access, as long as the customer is in default in terms of payment duty. 13. Contract Transfer LAOLA1 may transfer its rights and duties from this agreement to one or more third parties. In such a case the User is entitled to terminate the Terms of Use for good reason with immediate effect. 14. Termination / Duration of Subscriptions The General Agreement may be terminated by either party at any time with a period of notice of four weeks to the end of the relevant month. Upon simultaneous commencement of a General Agreement and Product Agreement, the General Agreement shall have at least the duration of the Product Agreement. Product Agreements with a defined duration cannot be terminated in an ordinary manner. In the case that an open-ended Product Agreement has been entered, the General Agreement as well as the relevant Product Agreement can be terminated exclusively in compliance with a period of notice of four weeks to the end of the relevant month. 15. Extraordinary Termination In cases of delayed payment, LAOLA1 is, at its own discretion and alongside the assertion of the legal entitlements, entitled to withdraw the access of the User with immediate effect and terminate the General Agreement and Product Agreements with immediate effect without the requirement of a period of notice (extraordinary termination). The same applies in cases of a violation of the duties detailed in Clauses 10 and 11. 16. Liability of LAOLA1 LAOLA1 is only liable for damage to property and financial losses in cases of wilful intent by its legal representatives or vicarious agents. For damages caused by gross negligence LAOLA1 will only be held liable in as much as stringent legal standards stipulate it. LAOLA1 is not liable for slight negligence. Particularly, LAOLA1 assumes liability for personal injury only when LAOLA1 is charged with gross negligence. LAOLA1 Multimedia GmbH and LAOLA1 GmbH, as well as all associated companies, provide no guarantee and accept no liability that the services provided on the websites operated by LAOLA1 meet the demands of the User, that they function without interruption, are timely, secure or free of errors. Any claim for damages by the User against LAOLA1 and/or its vicarious agents (e.g.: for system downtime, faulty, delayed, manipulated or improper data transfer) is excluded, as much as it is does not depend on intentional or grossly negligent actions. LAOLA1 is specifically not liable for the functioning or availability of the website. LAOLA1 accepts no liability for the content of this website, especially for the topicality, correctness and accuracy of the information offered. The online versions of documents may under certain circumstances not correspond to the original document. LAOLA1 accepts no liability in any way for the correctness of its own contributions, the contributions of third parties and especially the contributions of Users. Any liability of LAOLA1 for damages, which arise from third parties within the scope of using the website, is excluded. Further, LAOLA1 accepts no liability for damages, which arise as a result of unpredictable events beyond its control, especially network interruptions, computer downtime and any misuse of the website. Betting odds communicated by LAOLA1 are provided by a third party. LAOLA1 accepts no liability in any way whatsoever for the correctness and completeness of these odds. LAOLA1 accepts no responsibility or liability for the content of the websites, especially not for any purchase decisions, the making of bets or any other declaration which is binding in any way for the User. LAOLA1 has no influence over the content of linked websites, frames, advertising banners and any other advertising. LAOLA1 excludes any liability in connection with such content. If firewalls or security certificates are offered, the User accepts that this does not guarantee absolute security and complete functional capability. 17. Data Protection LAOLA1 saves and processes connection and content data which is necessary, useful and legally permitted in scope and duration for the operation of the websites. Personal data, provided by the User when registering, will be saved and processed by LAOLA1. All personal data shall be treated confidentially in accordance with the conditions of Austrian data protection law, only used for internal use for the improvement of the LAOLA1 offer and not be made available to third parties without the prior consent of the User. In registering the User agrees to the saving and processing of his/her data. In no way whatsoever does LAOLA1 save credit card or account details of the User in databases operated by LAOLA1. User data is forwarded without the further consent of the User to the selected payment service providers for validation purposes as well as the completion of respective payments only. Following successful online purchases the entered credit card number or account details can be saved upon request in the system of an external payment provider. These payment service providers meet the necessary legal and contractual prerequisites required. The User has no claim that LAOLA1 saves, processes or considers, within the scope of the website, specific data. LAOLA1 reserves the right to, yet is not obliged to check the data exchanged between users. Failure by LAOLA1 to object to illegal participation does not constitute a waiver of rights by LAOLA1 toward the User. 18. Copyright The exclusive copyright rights and rights of use of the websites and their content lie with LAOLA1. Any copyright rights and rights of use of third parties will be referenced accordingly. For the playback or any other use of the content of the websites or parts thereof (incl. texts, images, videos and audio files) the prior written consent of LAOLA1 is required. The saving of image and video data and the technical interventions required to do so by the User is forbidden. Any distribution of content of the platforms operated by LAOLA1 in exchange forums, video or photo platforms or forums is forbidden and will be prosecuted. 19. Changes to Terms of Use LAOLA1 is entitled to change the content of these Terms of Use with the consent of the User in as much as the changes are reasonable for the User in consideration of the interests of LAOLA1. Consent is deemed as granted should the User not reject the changes in writing within four weeks of notification of the changes or when the User accesses a video following notification of the changes. LAOLA1 is obliged to inform the User in the change notification of the consequences of neglecting to reject the changes or accessing a video. 20. Supplementary Application Should a clause or condition of these Terms of Use become partially or wholly invalid or not enforceable, the validity of the remaining conditions shall remain unaffected. The invalid condition will be replaced by a valid condition, which shall appropriately substitute the commercial sense and purpose of the prior condition. 21. Court of Jurisdiction / Applicable Law Exclusively Austrian law is applicable. The exclusive court of jurisdiction for all duties regarding the use of the websites, with the exception of the consumer court of jurisdiction in accordance with consumer protection laws, as well as the place of fulfilment, is Vienna. LAOLA1 Multimedia GmbH |
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