"The Breed Archive"
online platform and services
Service provider: The Breed Archive
Karin Schellner, Kegelgasse 30/17, 1030 Wien
Last updated: 30 September 2018
Responsible for the platform is The Breed Archive with its seat in Vienna and its business address at Kegelgasse 30/17, 1030 Vienna, Austria.
With "The Breed Archive", TBA provides its users with a platform for the recall of information about available animal breeds. The goal of TBA is to provide the user with as comprehensive an overview as possible of his/her own animal and its ancestors. It is TBA’s aim to give breeders the opportunity to plan future litters and generations.
The information available through the platform is provided by the users. TBA merely plays a purely technical role as disseminator/host, with no influence over the content delivered by users, and neither monitors nor checks information for correctness. Each user is responsible for the content he or she provides to the platform. Liability on the part of TBA arises, pursuant to § 16 para 1 ECG of Austrian Law, only if it fails to block or remove any illegal content promptly after coming into possession of knowledge that said content is illegal. Users who identify content that in their view violates their own or third parties’ rights should report it to email@example.com or via the contact possibilities of the platform.Only personal use of the platform is permitted; the use of automated access tools (such as bots, crawlers, spiders, etc.) is prohibited. In particular, the user is not entitled to use the platform or its channels for the following:
The platform (including its contents) is, in its entirety and in its parts, the property of TBA and is protected by copyright.
The use of the platform – unless otherwise indicated – is free of charge. No legal right for future usage may be inferred or derived by the user from this free-of-charge provision of the platform. TBA reserves the right at any time to discontinue or reduce the scope of the platform, to introduce a fee for its use, or to suspend a user without giving reasons.
TBA is entitled to refuse a user’s activation without giving reasons.
In order to avoid misuse of a user’s account, the user is obliged to keep the account password secret and to protect it from unauthorised third parties. The user is not authorised to allow any third party, whether partially or completely, to use his or her account. The user shall inform TBA without delay if the user becomes aware of any irregularities with respect to his or her account. TBA will never ask the user to reveal or transmit his or her password except when entering it to log on to the platform.
In the case where there is a charge for specific services and functions of the platform, the price (including all taxes and duties) and the conditions are published on the platform. Billing takes place by means of the payment method(s) stipulated by TBA or through TBA’s payment provider. All charges are payable immediately.
Unless specified otherwise, the price shown is for usage per year and includes taxes and duties. In the case of payment of an annual fee, the due date, unless otherwise agreed upon, is the date the contract is concluded. The activation for using chargeable services takes place upon receipt or confirmation of the payment. The contract for the use of payable services takes effect upon activation.
In so far as he or she is a consumer in the sense of the Austrian Consumer Protection Act or of the FAGG (Austrian law on conducting business online or similar), the user is entitled – pursuant to § 3 Consumer Protection Act and § 4 sub-paragraph 1 No. 8 FAGG – to revoke his or her agreement to any order placed remotely from or outside TBA’s business premises or (after acceptance – i.e. activation – by TBA) to withdraw from the contract in accordance with the declaration of withdrawal below.
Cancellation deadline: withdrawal must be exercised
within 14 days after the adoption (= activation).
Legal notice on cancellation: In accordance with § 3 Consumer Protection Act and § 4 sub-paragraph 1 No. 8 FAGG, TBA informs users about their following statutory right of withdrawal:
You have the right to cancel this contract within fourteen days without giving a reason. The fourteen-day withdrawal period shall begin upon conclusion of the contract (activation).
To exercise this right, you must inform us, The Breed Archive with its seat in Vienna and its business address at Kegelgasse 30/17, 1030 Vienna, firstname.lastname@example.org, by means of a clear declaration (e.g. sent by registered mail, fax or e-mail) of your decision to withdraw from the contract.
You can submit a clear declaration of withdraw electronically via the platform using the contact form. If you make use of this means, we will immediately provide you with (e.g. via e-mail) an acknowledgment of receipt of such a withdrawal.
To meet the time limit for withdrawal, it is sufficient to send your communication concerning the exercise of this right before the expiration date of the withdrawal period.
If you withdraw from this contract, TBA will repay all payments that it has received from you, without delay, i.e. at the latest within fourteen days from the date upon which TBA received the contract cancellation notification. For this repayment, TBA will use the same method of payment that you used in the original transaction, unless you have expressly agreed otherwise; you will not under any circumstances be charged any fees for this repayment.
Upon cancellation of the contract, all functions and rights of the platform associated with the contract will be cancelled and reversed.
The use of free-of-charge services is agreed for an indefinite period.
Any contract for use based on free-of-charge use for an unlimited
duration may be terminated by either party at fourteen days’ notice. No legal right
for future usage may be inferred or derived by the user
from the free-of-charge provision of services. TBA reserves the right to
revoke such a free subscription at any time.
Paid use: The right to paid use is concluded for a period of one (1) year. Before expiry of the limited-term contract period, the user will be advised of the possibility of an extension. The contract will not be renewed automatically. TBA reserves the right to terminate limited-term use with a notice period of 14 days against repayment pro rata of the usage fee.
After termination of the contract TBA is entitled to delete the user’s account and the user’s content immediately (as a whole and in parts).
TBA performs all services in accordance with the existing technical, economic, operational and organisational possibilities. TBA therefore provides no warranty for any interruptions, failures, delays, deletions, transmission errors or memory failure in connection with the use of the platform. The user acknowledges that the platform offered by TBA also rely upon third-party network providers. The availability of the platform is therefore dependent on the technical provision of other services, over which TBA has no influence.
TBA assumes no obligation to keep the services offered interruption-free and available online at all times. TBA is entitled to interrupt services for internal reasons, such as maintenance, for a reasonable time. The user can derive no claims from this; in return, TBA will endeavour to resolve all interruptions as rapidly as possible.
TBA provides warranty solely for payable use under the provisions of §§ 922 ff ABGB in Austrian law.
The liability of TBA and its officers, employees, contractors or other agents ("people") is in principle limited to intent or gross negligence; liability for slight negligence is excluded. This disclaimer does not apply to personal injury or damage to property TBA has taken possession of for processing. Insofar as the liability of TBA is excluded or limited, this also applies to the personal liability of its "people".
The following contest rules apply to prize competitions organised by TBA on its platform:
TBA provides options via its platform for users to upload available content, such as photos, texts, graphics, videos, etc. ("content"), and in doing so publish it in forums of interested users or transmit it to another user. Each user is responsible for the content he or she provides. TBA has the role of a purely technical provider/host; it has no influence on the content of users submit and does not supervise them. Liability on the part of TBA arises, pursuant to § 16 para 1 ECG of Austrian Law, only if it fails to block or remove any illegal content promptly after coming into possession of knowledge that said content is illegal. Users who identify content that in their view violates their own or third parties’ rights should report it to email@example.com or via the contact possibilities of the platform.
The user grants TBA, for the duration of the applicable term of protection, geographically and substantively unlimited, transferable, non-exclusive exploitation, use and processing rights to the content posted by the user (but not to the content of direct communications between users!), in particular for purposes of data recall, publication and distribution via the platform. TBA is not obliged to keep the information available. TBA may at any time reject content provided by the user, publish it at another location, shorten it, or delete it.
The user expressly guarantees TBA not to upload any content the publication or use of which would violate applicable law or the rights of a third party (in particular copyright and personal rights). The uploading of content that is racist, pornographic, inhuman, insulting or contrary to common decency is strictly prohibited.
If a third party claims plausibly to have been injured by said content, then TBA is entitled, but not obliged, to provide the stored user contact information to the third party.
Insofar as TBA provides links to third parties' online services, TBA is not responsible for the external content contained therein. TBA does not adopt the linked contents as its own content. If a link refers to illegal content, please report it to firstname.lastname@example.org or via the contact possibilities on the platform.
When registering on the platform, the user will be asked to provide some personal information and has the option of entering data suitable for communication between TBA and the user and other users. This includes, in particular, the first and last name of the user and the user’s e-mail address.
As part of the on-going use of the platform, the user can enter further data, such as a photo of the user, address information, and other personal information. In addition, the following data is also routinely stored: web log (including anonymised IP address, time of use), and geodata.
The user expressly agrees that TBA may process the above-defined personal data for the purpose of providing access to contractual services and analysing user behaviour.
TBA expressly informs users that they may revoke their respective data protection declaration of consent at any time, by writing to The Breed Archive with its seat in Vienna and its business address at Kegelgasse 30/17, 1030 Vienna, email@example.com. The cancellation prohibits the further use by TBA of the personal data concerned. To avoid misunderstandings, TBA notifies the user that in this case, TBA remains entitled to continue using the data to the extent required in the fulfilment of its contractual obligations (§ 8 para 3 Z 4 DSG 2000 Austrian law).
17.1. If any provision of this contract should be wholly or partially invalid, or should there be a gap in the contract, this shall not affect the validity of the remaining provisions.
17.2. Changes and additions to the contract must be in writing. This also applies to a waiver of the written form requirement. Declarations by e-mail, fax or via the query form are deemed to fulfil this requirement.
17.3. To the extent that natural persons are referred to only in the masculine form in this agreement, they relate to both women and men equally. When applying the label to specific individuals, the respective gender-specific form shall be used.
17.4. TBA is entitled to transfer this contractual agreement to a third party company; in this case, the third party company is obliged to fulfil the contract in the place of TBA.
18.1. This contractual relationship is subject to the substantive laws of the Republic of Austria under exclusion of the regulations regarding the conflict of laws (IPRG).
18.2. All contractual disputes arising directly or indirectly from this agreement shall be handled by the local and competent Austrian court in 1030 Vienna. If the user is a customer/consumer, this place of jurisdiction shall be considered as agreed only if his or her domicile, habitual residence or place of business is in this court district or if he or she lives abroad.
18.3. It is in any event agreed that legal jurisdiction is in Austria.
18.4. The place of performance of the contractual services is in 1030 Vienna.