(2) These Terms apply to the entire Platform including all areas incorporated within it and those yet to be incorporated.
(3) Registered users will be notified of any changes to these Terms that can be made in case of legal changes and/or technical developments of the Platform by email at least six weeks in advance. If the user does not object to the changes within six weeks of receipt of notification, such changes shall be deemed accepted by the user. Sending the objection within the stated time limit is sufficient. Objections may be sent by post or email to the addresses given in the notice. In its email explaining the changes, INDEED undertakes to draw the user’s attention specifically to the implications of the six-week period and the stated legal consequences of not objecting within the stated time limit. The stated legal consequences occur only if this explanatory information has actually been provided. In the event of an objection to the changes by the user, INDEED reserves the right to terminate the agreement in accordance with § 7 para. 1 of these Terms.
§ 2 Registration
(1) Registration is not required for passive use of the Platform, but registration as a user is a requirement for active participation in the Platform in particular. There is no entitlement to registration. If INDEED accepts a user’s registration request, an agreement regarding the use of the Platform comes into force between the respective registered user and INDEED (hereinafter referred to as “Service Agreement”). Users are not permitted to transfer the Service Agreement to a third party. Multiple registrations are prohibited.
(2) Any person over the age of 18 who agrees with these Terms may make a registration request by completing the Platform registration form.
(3) The registration process requires the user to enter a valid email address, user name, a password chosen by him-/herself, first name, last name, street, zip, city and country and, if applicable, the name of the company he/she is working for or managing, the industrial sector he/she is active in and further optional information.
(4) Every user agrees to provide correct and complete information during the registration process and, in particular, to avoid infringing the rights of a third party. Infringement of third party rights includes the use of personal information or other data belonging to a third party without his or her consent, e.g. name or email address.
(5) Registered users are responsible for keeping confidential any login details (particularly the password) that they have chosen or that have been issued to them and are liable to INDEED for any damages arising as a result of a culpable breach of this obligation. Registered users are obliged to inform INDEED immediately in the event of loss or unauthorized use of their login information. INDEED will not share with any third party the password selected during the member account registration process and will not ask for the password to be disclosed by telephone, email or via internal communication channels.
§ 3 Use of the Platform
(1) INDEED will provide the user with the Platform during the term of the Service Agreement and make it available via the Internet. Within the scope of what is permissible under data protection law, INDEED has the right to use its own IT systems and third-party IT systems.
(2) The internet browser specified in the Platform description shall be used for access to the Platform. INDEED will provide the Platform up to the internet access point of the data center in which the Platform is operated (hereinafter referred to as “Transfer Point“). The internet connection from the Transfer Point to the user is not a subject matter of the Service Agreement. User can only use the Platform if it has a sufficiently powerful internet connection that allows access to the Platform without any interruptions and modifications. The necessary bandwidth depends on the intensity of use and the data volume of the user.
(3) The contractual use of the Platform is subject to the condition precedent that the hardware and software used by the user (computer, data communication means, etc.) comply with the technical requirements regarding the use of the then-current Platform version. The requirements are defined in the Platform description.
(4) User shall use the Platform Service only for its own non-commercial purposes. A use for third parties and/or for commercial purposes is not allowed.
(5) The Platform may only be used within the scope of functionality set forth in the Platform description. The user shall not use any software or other technical means that change, expand or jeopardize the operability of the Platform. In particular, user shall not attempt to access the Platform with other technical means than the internet browser specified in the Platform description.
§ 4 Costs
Registration and use of the Platform are free of charge.
§ 5 User-Generated Content
(1) Users may post text, images and other content (hereinafter referred to as “User Content”) on the Platform as part of the services offered. This also includes content created with the INDEED Scene2Model modeling environment. User grants INDEED the perpetual right to use the User Content to the extent required for the provision of Platform, in particular offering it to other users to access, store and print. Within the scope necessary in connection with the uses listed in the previous sentence, INDEED may in particular adapt, reproduce, distribute, make publicly available, broadcast and otherwise make use of the User Content. User Content submitted may also be presented editorially, highlighted and rated as part of platform activities.
(2) INDEED merely uses the data provided for creating a profile and uses a standard profile template for all users.
(3) User shall check its content prior to upload to the Platform for computer viruses and malware and use state-of-the-art anti-virus software.
(4) Users are fully responsible for all User Content posted by them on the Platform. User shall use the Platform only in compliance with the Service Agreement and the statutory provisions. User Contents shall not violate or infringe applicable laws, morality or third party rights. Any storage or processing of User Content thatis discriminatory, racist, glorifies violence or disregards human dignity, incites or glorifies criminal offenses, includes pornography or violates the youth protection law or, infringes on third party moral rights, is not permissible. User shall hold INDEED harmless from and against any third party claims and indemnify INDEED for any damage and expenses that INDEED incurs due to user’s culpable violation of this § 5 (4). INDEED will not check any information provided by users for content, accuracy or compliance with the law prior to its publication.
(5) Users agree not to post any photographs containing pornographic, offensive, racist or abusive images in their profiles or on the platform. INDEED does not carry out any advance checks concerning individual User Content. Photographs provided by users for their profile pictures are used by INDEED only for creating individual user profiles.
(6) Registered users’ uploaded User Content will be stored only for the purpose of operating the platform. However, the Service Agreement does not cover the provision of storage space or other means of saving content in the interests of users uploading such content. INDEED is entitled to delete content at any time without prior notice – for example, due to capacity limits or because it is no longer current – without this giving rise to claims from users. Users themselves are responsible for backing up any content to which they require permanent access.
(7) In the event INDEED has good reason to believe that the user uses the Platform in violation of this § 5 or § 3 or that an unauthorized third party accesses the Platform using the user’s access data without permission, INDEED has the right to block Customer’s access to the Platform until the matter has been clarified. Except in case of imminent danger, INDEED shall grant user an opportunity to comment on this matter prior to taking this measure.
§ 6 Administrative Regulations
(1) INDEED reserves the right to partly or completely suspend operation of the Platform temporarily for administrative purposes. INDEED is entitled to completely shut down or expand sections of the Platform so that the network can be constantly improved in line with user requirements. Users have no right to have the range of functions available at the time of registration maintained.
(2) INDEED is also entitled to temporarily restrict the available functionality in order to deal with violations effectively. In particular, such restrictions include temporary or permanent suspension and/or exclusion of individual areas or users.
(3) Inappropriate content reported by users will be checked by INDEED and, if found to be inappropriate, may be deleted immediately without consulting the user responsible for posting it.
(4) In the event of a culpable breach of these Terms, INDEED is entitled to recover from the user any resulting direct and indirect damages including financial losses. In the event of a culpable breach of §§ 3 and 5, the user indemnifies INDEED against any third party claims that may be asserted against INDEED, their legal representatives and/or vicarious agents as a result of the breach. Further claims remain reserved.
§ 7 Termination and Deactivation of User Accounts
(1) Both the user and INDEED are entitled to terminate the Service Agreement at any time with a notice period of one day, with termination taking effect at the end of the calendar week.
(2) Furthermore, INDEED may take the following measures if there is clear evidence that a member is breaching statutory provisions, third party rights or these Terms, particularly §§ 3 or 5, or if INDEED has any other legitimate interest, in particular the protection of other members from fraudulent activities:
- warning members
- restricting/limiting use of the platform
- temporary blocking of account
- permanent blocking of account
In deciding which action to take, INDEED will take into account the legitimate interests of the user concerned, in particular whether there is any indication he or she may not be responsible for the breach.
(3) Both parties’ additional rights to terminate for cause are expressly reserved. In particular, INDEED is entitled to terminate the Service Agreement for cause and to deactivate the user’s account if the user seriously or repeatedly violates these Terms.
§ 8 Disclaimer
(1) INDEED is not liable for information and data of third parties. This applies in particular to completeness, accuracy, freedom from third party rights and compliance with legal provisions or other binding regulations.
(2) INDEED is otherwise liable only insofar as it, its vicarious agents and/or its legal representatives are guilty of willful or grossly negligent or fraudulent behavior.
(3) INDEED is not liable for the functioning of the Platform, unless INDEED fraudulently concealed any errors or defects.
§ 9 Data Protection
§ 10 Miscellaneous
(1) If any provision of these Terms are or become ineffective, this shall not affect the effectiveness of the remaining provisions.
(2) The place of performance is in Vienna, Austria.
(3) The place of jurisdiction for merchants as defined by the German Commercial Code (HGB) is Stuttgart, Germany.
(4) German law applies, to the exclusion of private international law and the UN Convention on CISG incorporated into German law.