Class AUGUST 2008
The following terms regulate the mutual rights and obligations between COLIST (Company Colist GmbH) and the user, who is making use of or considering a service offered by COLIST.
COLIST is an advertisement- and translation web portal, which can be viewed and used both by private and commercial clients. The users of COLIST can place adverts and/or make contact with potential customers and/or make use of the translation service.
By making use of the service the user accepts the following terms and confirms that s/he is at least 18 years old:
The user is responsible for the secure storage of their access data; passing on this information or making it accessible to others is strictly prohibited. The user is liable for any unauthorised uses of his/her account by third parties.
COLIST reserves the right to delete entries, accounts and/or links at any time (without stating a reason), and/or to block access to one or all of the forums and/or to exclude the user from the COLIST service (on a continuous or temporary basis). In this case, the user is not entitled to an kind of claim for damages.
COLIST acts neither as a intermediary nor agent. COLIST shall not be liable for the enforcement of all contracts possibly concluded between the users.
The user agrees explicitly that all data, in particular any personal data (name, e-mail address, address, and also data published within the forum and/or in the classified ads, the profile), will be automatically processed and saved and published on the homepage as well as in the print media.
The user agrees that any personal data provided by the user can be used by COLIST as well as Schrall GmbH for the implementation of these contractual relationships, as well as for advertising- and marketing purposes. The user agrees to receive notifications, newsletters and advertisements. This declaration of consent is revocable at any time.
All contents offered by COLIST are intended to provide information only. For the accuracy, legality and up-to-dateness of the contents of the website COLIST, especially regarding advertisements (including the contents of pages accessed through external links), as well as replies, wrong queries or misinformations, the abusive use of the COLIST system by third parties, as well as for the continuous availability of the COLIST service COLIST takes no warranty and/or liability. In any of these cases the user is not entitled to claim damages against COLIST. This is also applicable to consequential losses and lost content in particular.
COLIST is neither obligated to verify the given contents regarding their legitimacy and/or up-to-dateness, nor to complete them.
The website COLIST aims to provide the highest possible accuracy, credibleness and availability. However, given the current state of technology, it is not possible to entirely exclude hardware or software-related malfunctions, therefore COLIST accepts no liability or warranty.
The user is obligated to ensure that the data and pictures chosen to be shown and uploaded onto COLIST:
- do not violate industrial property rights, such as especially photo rights, image rights, copyrights and trademark rights of third parties,
- do not violate any public laws or policies,
- do not defame any other business, are not illegal, threatening, baiting, offensive, obscene or pornographic,
- and do not contain any viruses, „trojan horses“, „worms“, „time bombs“, „cancel bots“ and other software programmes that could harm a system, data or personal information or influence these in any other negative way.
- that prices, terms of payment, product descriptions, as well as any other informations, are correct and complete and that legal regulations are complied with.
Should COLIST be used outside of the contents of the user’s ad placement as well as any photographs (content) by third parties judicially or extrajudicially, the user is obliged to protect Colist from damages as well as lawsuits.
In any case claims that emerge out of a conclusion of contract between users of COLIST are to be enforced against the respective user.
When the COLIST service is accessed, logfiles (IP-Address or URL, requested file, file size, operating system and browser, date and time) are created and saved. COLIST uses Google Analytics to create statistics and evaluations of said logfiles, in particular to optimise and evaluate keyword-related campaigns with Google AdWords. Cookies are placed on the user’s computer. A cookie is a text file containing number codes, which is sent to the web-browser of the user and saved on the computer hard disk. The user can switch this off by adusting the settings on their PC.
The data obtained by COLIST are used for statistical and marketing purposes as well as for optimising the COLIST service and do not contain personal references.
All users are committed to respect the Data Protection Act. The e-mail addresses, fax numbers or telephone numbers published on COLIST are not to be regarded as the owner’s consent to receive e-mails or faxes or phone calls for advertising purposes. In particular these addresses may not be used for spamming purposes.
The license agreement is subject to Austrian law without referral norms of international private law. For all disputes resulting from this contract, including the issue of its valid conclusion as well as its advance effects and consequences, the user and Colist agree on the exclusive jurisdiction of the factually responsible court of A-5020 Salzburg.