AV Stumpfl GmbH (FN237609a, commercial register court Wels) (in the following referred to as "AV Stumpfl", provides users with an Internet-based forum (in the following referred to as ‘Service’).
It is agreed that Austrian law, at the exclusion of standards of competence and referral under international law, shall be the applicable law and that the place of jurisdiction shall be the court in Wels, Upper Austria, which is competent in the subject matter.
Scope of services
The purpose and objective of the Service is to enable users of AV Stumpfl products to exchange experience and provide support.
The user is not entitled to participate in or benefit from the Service. Active participation may not be obtained by legal action or enforcement of any kind.
Up to further notice, the Service is free of charge.
The user has no right to claim availability, punctuality, accuracy, correctness or reliability of the Service and cannot derive any rights from the offer of the Service for himself or third parties. The Service basically is not moderated and serves only for the exchange of opinions.
AV Stumpfl is entitled to expand the Service at any time, at its own discretion and without giving any reasons, to reshape it, or even to suspend it for a limited period or indefinitely. AV Stumpfl can not guarantee the availability of the Service.
AV Stumpfl does not provide support for third-party software used in connection with the Service. AV Stumpfl shall not be held liable for any damage caused by malware (viruses, botnets, backdoor and phishing programs, etc.).
Registration for the AV Stumpfl Service requires a retraceable e-mail address, first name, family name, postal address and telephone or fax number. The user undertakes to keep these details updated continually. The password is sent by e-mail. Anonymous e-mail addresses are not accepted. When registering, the user may adopt a nickname, undertaking however not to use a name protected by copyright, patent, personal or proprietary rights and such like. For the event that it becomes aware of interference with third-party rights, AV Stumpfl reserves the right to cancel the registration concerned and to bar the user from further utilisation of the Service without thoroughly examining the rights impaired.
The user has the option of participating in the discussion under a nickname. However, he may not use several nicknames and thus virtually assume with different "identities". A nickname may not be identical with the name of another person or institution or otherwise liable to be misunderstood. Once adopted, a nickname may be changed only in exceptional circumstances.
The user undertakes to keep secret and withhold from unauthorised third parties the passwords sent to him. Thus he is also responsible for any use of the Service in his nickname. The nickname belongs to the user on whose e-mail address it is registered. The user shall inform AV Stumpfl immediately of any misuse by third parties.
By registering the user expressly agrees to the use of his registration details which will be used exclusively by AV Stumpfl and not be passed on to third parties. In cases of requests for information justified under current law and data protection regulations, AV Stumpfl will check, store and if necessary pass on a user’s details.
The user’s contributions will be retained even following the user’s withdrawal from the forum. The user is not entitled to insist in deletion, remuneration or to make other claims, except those according to §§ 26 ff DSG concerning personal data.
Until further notice E-mails (e.g. newsletter) to the user will be sent to the e-mail address supplied. The registration may be countermanded at any time by either party.
With the Service AV Stumpfl operates an open discussion platform and expects from users an objective, fair and friendly discussion. Abuses, defamations, illegal, legally and morally dubious or highly unobjective contributions are not permitted. The user undertakes not to violate by content and form of the contribution any Austrian and international law in force.
Contributions are accessible to all. Prior to publication, the user must carefully check his contributions for any information not destined for the public. The user has to expect search engines, like Google, to capture his contributions so that they may be called up worldwide without specifically calling up our offering. Any claim for deletion or correction of such entries vis-à-vis AV Stumpfl is ruled out. AV Stumpfl reserves the right to delete contributions which break these Terms or violate against Netiquette and to suspend or close user-accounts.
The user has to observe the topic of a discussion. It is not admissible to publish there announcements or comments on other topics. AV Stumpfl reserves the right to move user comments not appropriate to the forum topic concerned to other forums or to delete the same.
The user alone is responsible for the contents or extracts thereof published by him in the Service and undertakes not to use any publications covered by copyright, exclusive registered rights or publications which are the (intellectual) property of third parties or interfere with rights of publicity resp. to use the same only with the agreement of the proprietor concerned.
Private or commercial sales offers, as well as any advertising activities, are not permitted.
AV Stumpfl does not check the content which is produced and provided by users and does not take over any liability for this. AV Stumpfl therefore also does not check whether the contributions contain eg technically correct statements. Should a user notice any illegal content, he/she is obliged to report this to AV Stumpfl.
The user indemnifies AV Stumpfl for any claims entered against it by third parties on account of such contributions and the user himself shall not have any rights (of recourse). Such indemnification also applies to the cost of legal defence.