Terms of Use

1. Scope of the Terms of Use

(1)     These Terms of Use apply to Chatcloud’s online offering, which is available on the Internet at www.chatcloud.net and other subdomains. This is a platform where users can create profiles.

(2)     You can view and print the current Terms of Use at https://www.chatcloud.net/terms-of-use/

2. Registration, conclusion of contract and subject matter of the contract

(1)       By completing the registration process and creating a profile, a user agreement is concluded with the operator. Subject of the contract of use is the free use of the profile.

(2)     Creating a profile requires the creation of a user account. This consists of a user name, an e-mail address and a password (“log-in data”).

(3)     The creation of a user account is only possible by providing a current e-mail address of the user. This e-mail address also serves to communicate with the operator.

(4)     The user assures that the data used when creating a profile (“profile data”) are accurate and complete.

(5)     Any communication between the user and other users will result in any contractual relationship between the users involved. The operator is neither a representative nor does he become a contract partner himself.

(6)     You may only create an account under the following conditions: You are over 18 years old and not a convicted sex offender. We have not previously disabled your account for violations of our Terms of Use.

(7)     The use of the platform is only permitted if you as a user accept these terms of use.

(8)     Your user account may only be used by you. Likewise, as the owner of the account you are responsible for the protection against its misuse. Your access data must therefore be protected from access by third parties. The use of trademarked words and internet addresses as username is not allowed.

3. Use of the platform

(1)     When using the platform, the user can make use of various services:

  • The user has the possibility to publish own contents (text, pictures, audio files, etc.) within the platform.
  • The user has the possibility to send messages to other users and groups.
  • The user has the possibility to encrypt the transmission of messages in self-created rooms.
  • The user has the possibility to perform cam chats with individuals or groups.

(2)     The operator is always entitled to block access to individual content, e.g. if they are suspected of violating applicable law or third party rights. There is no claim of the user to maintain individual functionalities of the portal.

(3)     The operator endeavors to ensure trouble-free operation of the portal. This is naturally limited to services on which the operator has an influence. The operator is free to restrict access to the portal due to maintenance, capacity issues and other events beyond its control, whether in whole or in part, temporarily or permanently.

4. Obligation of the user to contribute: posting content

(1)     The user undertakes to comply with applicable law (such as criminal, competition and youth protection laws) in the creation and use of its own content and not to infringe any rights of third parties (such as name, trademark, copyright and data protection rights).

(2)     The user agrees to the operator that any content posted on the portal, whether by its content or the form violate applicable law or morality. The same applies to the setting of external links. In particular, the distribution of content is prohibited, which contain, represent or concern:

  • Racism
  • Violence glorification and extremism of any kind
  • Appeals and incitement to crime and violation of law, threats to life, limb or property
  • Baiting against individuals or companies
  • Infringing statements, defamation and slander by users and third parties and violations of the law of unfair competition
  • Copyright infringing content or other infringement of intellectual property rights
  • Sexual harassment of users and third parties
  • Offensive, sexist, obscene, vulgar, abominable or disgusting materials and expressions
  • Viruses or malicious code
  • Advertising for yourself or third parties

darstellen, betreffen oder beinhalten.

(3)     Copyrighted content may be included literally in contributions without the consent of the respective copyright holder only within the scope of the applicable citation right. Quotations are to be marked by emphasis by means of quotation function and reference to source. The distribution and / or public reproduction of any content of the portal without the consent of the operator is prohibited.

5. Further cooperation obligations of the user

(1)     In the event that the user uses the opportunity to inform third parties about the existence of the portal on the “Invite-function” provided by the operator, he has to ensure that the third party agrees to the sending of the promotional recommendation e-mail.

(2)     In the event that the content contains hyperlinks to third party sites, the user warrants that he / she has permission to use the hyperlink and the referenced site (“landing page”) is consistent with applicable law and third party rights.

(3)     The user is obliged to handle the log-in data carefully. Without exception, the user is prohibited from communicating the log-in data to third parties and / or allowing third parties to access the profile, bypassing the log-in data.

(4)     The user must refrain from any activity that is likely to affect and / or overburden the operation of the portal or the underlying technical infrastructure. These include in particular:

  • the use of software, scripts or databases in connection with the use of the portal
  • the automatic reading, blocking, overwriting, modifying, copying of data and / or other contents, as far as this is not necessary for the proper use of the portal

(5)    It is also a violation of privacy and therefore not allowed to revoke the anonymity of other users or to disclose information from other users from private messages, emails or chats that are not intended for the public.

6. Use rights

(1)     The copyright for your topics and contributions, as far as they are copyrightable, remains basically with you as a user. The platform operator has the right to delete your posts, especially if they violate the terms of use.

(2)     The user is prohibited from copying, distributing and / or publishing content that the operator, other users or third parties have uploaded to the portal.

7. Liability

(1)     The respective user is liable for violations of copyright, trademark law, competition law, privacy rights, data protection rights and all other infringements caused by the user. In such event, the platform operator shall be entitled to pass username, e-mail address, IP address and other available information to regulatory authorities, enforcement authorities and others.

(2)     The platform operator does not identify with user-generated content and therefore assumes no responsibility for the content.

(3)     The platform operator agrees to do everything reasonable to prevent infringements. This includes e.g. the immediate removal of illegal content.

8. Exemption claim

(1)       In the event of claims for alleged or actual infringement and / or infringement of third-party rights by the user in connection with the use of the portal, the user exempts the platform operator from all resulting third-party claims.

(2)       In addition, the user undertakes to reimburse all costs incurred by the operator through third party claims. Reimbursable costs include the costs of proper legal defense.

9. Personal data

(1)     The user hereby consents to the storage of the personal data entered by him. This also applies to the storage of the IP addresses that are transmitted each time the portal is used. The user agrees in particular to the presentation of personal data entered by him in his profile presentation within the portal for other users of the portal and third parties who are not users of the portal.

(2)     The use of the portal makes the collection, processing and use of personal data by the operator unavoidable. The operator assures to handle all stored data carefully. Any further use of personal data will only be made by the operator if this is legally permissible or the user has given his prior consent.

(4)     The user agrees to receiving e-mails concerning the platform. Consent to receive e-mails not required for the service can be revoked at any time. The revocation can be made via the unsubscribe link in the e-mail, or by message to the contact options below.

10. Duration of contract / termination

(1)     The contract runs indefinitely and can be terminated by either party at any time without notice and giving reasons.

(2)     In addition, both parties have the right to terminate the contract by extraordinary termination for important reasons.

(3)     For the operator an important reason to terminate this contract is, if the customer violates his obligations under number 4 or 5 of this contract.

(4)     Users who have been repeatedly reported by other users can be temporarily or permanently blocked automatically.

11. Final provisions

(1)     Should the contract contain ineffective regulations, the validity of the contract remains unaffected.

(2)     This contract is governed exclusively by Austrian law.

(3)     Exclusive place of jurisdiction for all disputes in connection with and from the contract is the relevant court for the headquarters of the company of Andreas Grundner, thus currently the Bezirksgericht Zell am See or the Landesgericht Salzburg.

(4)     Contract language is exclusively English or German.

(5)     If the terms of use are updated, we will inform you at least 30 days in advance, e.g. by e-mail or on our website.

Date of the last revision: 30/03/2019