RESTRICTIONS ON USE OF MATERIALS
All information about our partner companies at our homepages or any other related media are provided by the particular partner and remain their intellectual property. The owner of this website does not assume any liability for products or services recommended here and/or provided on websites linked to it.
This site feelsafe.at (including all subpages) is leased and operated by Michael Herf GmbH, No material from this page (including all subpages) or any Web site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home-use only, provided you keep all copyright and other proprietary notices intact. Modification of the material or uses of the materials for any other purpose is a violation of our (including all subpages) copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited.
- FeelSafe Acceptance of the Terms of Service
- Changes to the Terms of Service and the Website
FeelSafe reserves the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on FeelSafe, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
- Accessing the Website, Security and Privacy
- Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of FeelSafe is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party’s property or information.
- E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
- International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
- Intellectual property
FeelSafe respects intellectual property rights, and expects you to do the same. The FeelSafe Service and the content provided through the FeelSafe Service is the property of FeelSafe or FeelSafe‘s licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the FeelSafe Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the FeelSafe Service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the FeelSafe Service.
- Copyright infringement and take down
If you are a copyright holder who believes that any of the products, services or content which are directly available via the FeelSafe Websites are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to FeelSafe‘s designated copyright agent at the following address: FeelSafe Attn: Michael Herf GmbH, Baeckerstrasse 7/6, 1010 Vienna firstname.lastname@example.org. A notification of claimed copyright infringement must be addressed to FeelSafe‘s copyright agent listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; Specific identification of each copyrighted work claimed to have been infringed; A description of where the material believed to be infringed is located on FeelSafe Service or the FeelSafeWebsites (please be as detailed as possible and provide a URL to help us locate the material you are reporting); Contact information for the complaining party, such as a complete name, address, telephone number, and email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Technology limitations and modifications
FeelSafe will make reasonable efforts to keep the FeelSafe Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. FeelSafe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the FeelSafe Service with or without notice.
FeelSafe may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
- Entire agreement
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
- Mandatory arbitration; exceptions to mandatory arbitration, waiver of class action rights; limitations period; venue and choice of law
- You and FeelSafe agree that any dispute, claim or controversy arising out of or relating in any way to the FeelSafe Service or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration. You agree that the Austrian Arbitration Act governs the interpretation and enforcement of this provision, and that you and FeelSafe are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your FeelSafe subscription. ii. You and FeelSafe agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the FeelSafe Service are NOT subject to mandatory arbitration. Instead, you and FeelSafe agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Vienna, Austria, and that applicable Austrian law shall govern, without regarding to choice of law principals. iii. YOU AND FEELSAFE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief. iv. Any arbitration must be commenced by filing a demand for arbitration with the Arbitrary within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the Austrian Arbitrary Consumer Rules with the remainder paid by FeelSafe. v. You and FeelSafe agree that this Agreement involves interstate commerce and is subject to the Austrian Arbitration Act. You and FeelSafe further agree that applicable laws of Austria shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in Vienna, Austria.
- English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation. Copyright © 2016 FeelSafe and its affiliates. All rights reserved.
Michael Herf GmbH