Terms of Service and Rules
Informationspflicht laut §5 E-Commerce Gesetz, §14 Unternehmensgesetzbuch, §63 Gewerbeordnung, Offenlegungspflicht laut §25 Mediengesetz
Ing. Erich Piko
An der Walk 22/10
A-9020 Klagenfurt am Wörthersee
Phone: +43 660 51 888 78
WKO: Mitglied der Wirtschaftskammer Österreich
Gewerbewortlaut: Dienstleistungen in der automatischen Datenverarbeitung und Informationstechnik
Gewerbeart: Freies Gewerbe
Aufsichtsbehörde / Gewerbebehörde: Magistrat der Stadt Klagenfurt
Bank: Kärntner Sparkasse AG
Terms & Conditions and Free Membership Agreement
1) Terms & Conditions
The providers ("we", "us", "our") of the service provided by Exportclub.com ("Service") are not responsible for any user-generated content and accounts ("Content"). Content submitted express the views of their author only.
You agree to not use the Service to submit or link to any Content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.
All Content you submit or upload may be reviewed by staff members. All Content you submit or upload may be sent to third-party verification services (including, but not limited to, spam prevention services). Do not submit any Content that you consider to be private or confidential.
We reserve the rights to remove or modify any Content submitted for any reason without explanation. Requests for Content to be removed or modified will be undertaken only at our discretion. We reserve the right to take action against any account with the Service at any time.
You are granting us with a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your Content in connection with the Service. You retain copyright over the Content.
These terms may be changed at any time without notice.
If you do not agree with these terms, please do not register or use this Service. If you wish to close your account, please contact us.
2) Acceptance of Terms
These terms may be changed at any time without notice. Exportclub.com may amend this Agreement at any time by posting the amended and restated Agreement at the website. The amended and restated Agreement shall be effective immediately upon posting. Posting by Exportclub.com of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified except in writing by an authorized official of Exportclub.com.
The Service will be offered free-of-charge for an unspecified time period unless terminated in accordance with the terms of this Agreement.
The Service will have the following core features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of Exportclub.com):
allows each Member to publicly display and edit detailed information about its business, such as company-data, products, descriptions, images, videos, etc. and engage in public discussions with other Members. Certain discussion boards might be restricted and limited to be used for certain or subscribed Members only.
allows each Member to post information and updates onto his own or other Member’s Profile-Pages. Certain Member Profiles might be restricted and limited to be used for certain or subscribed Members only.
allows each Member to get in contact with any other Member and engage in personal conversations. Certain Conversations might be restricted and limited to be used for certain or subscribed Members only.
Exportclub.com may suspend or terminate all or part of the above Member Benefits at any time in its sole discretion. Exportclub.com reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion.
Benefits, features and functions available to a Member may vary. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.
The availability of any transactional features and functions on the website to any Member may be conditional on verification of Member’s identity and/or its designated bank account by Exportclub.com and/or its approved independent third parties.
Exportclub.com shall issue a Username and Password (both of which shall be chosen by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of its access-credentials and Password and for all activities that occur under the Member’s Account. A set of Username and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account or Password to another person outside of the Member's business entity. Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), will cause irreparable harm to Exportclub.com and each Member shall indemnify Exportclub.com against any loss or damages (including but not limited to loss of profits) suffered by Exportclub.com as a result of such multiple use of an Account. Each Member hereby undertakes to notify Exportclub.com immediately of any unauthorized use of its Account, Username or Password or any other breach of security. Each Member hereby agrees that Exportclub.com shall not be liable for any loss or damages arising from the Member's failure to comply with this paragraph.
Exportclub.com reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Exportclub.com further reserves the right to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by Exportclub.com.
Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall Exportclub.com be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.
4) Member Responsibilities and Use of Service
You agree to not use this Service to post, attach or link to any material (“Content”) which is false, inaccurate, defamatory, abusive, offensive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any national or international laws or regulations. You must not post, attach or link to any material which contains chain letters, Multi-Level-Marketing networks, any kind of pyramid schemes, any copyrighted material (unless you own the copyright or you have written consent from the owner of the copyrighted material).
The providers of Exportclub.com of service provided by this website are not responsible for any user-generated content. Content posted express the sole views of their author only. You remain solely responsible for the content of your posted messages. The owners of this website also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this website. We reserve the rights to remove or modify any Content posted for any reason without explanation. Requests for Content to be removed or modified will be undertaken only at our discretion. We reserve the right to take action against any Member’s account with the Service at any time. You are granting us with a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your Content in connection with the Service. You retain copyright over the Content. All Content you submit or upload may be reviewed by staff Members. Do not submit any Content that you consider to be private or confidential. Anyone who feels that a posted message is objectionable, is encouraged to notify an administrator or moderator of this website immediately. The staff and the owners of this website reserve the right to remove content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, so please understand that they may not be able to remove or edit particular messages immediately. This policy applies to Member Profiles as well.
Each Member acknowledges that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted through a discussion board or at any other area of the website, are the sole responsibility of such Member from whom the content originated. This means that the posting Member, and not Exportclub.com, is entirely responsible for all content that is uploaded or posted. Exportclub.com does not control the content posted via discussion boards or at any other area of the website and therefore does not guarantee the accuracy, integrity or quality of such content.
Exportclub.com reserves the right to delete or edit any postings in its sole discretion without prior notice. Exportclub.com may monitor posting activities of any Member who is in breach of this Agreement and may restrict their ability to post messages on the discussion boards or the entire website. Under no circumstances will Exportclub.com be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the discussion boards or the entire website by such Member. Each Member agrees to evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. Each Member understands that by using the Exportclub.com discussion boards or the entire website, such Member may be exposed to content that is offensive, indecent or objectionable.
Without prejudice to each Member's responsibilities, each Member hereby agrees:
- not to upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- not to harm minors in any way;
- not to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
- not to "stalk" or otherwise harass another;
- not to collect or store personal data about other users;
- not to upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- not to upload, post or e-mail any content that infringes any intellectual property rights or other legitimate rights of any party;
- not to upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation;
- not to upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- not to upload, post or e-mail any content that contains a complaint regarding Exportclub.com's services or refers to such a complaint on the website or to any other Members; any such complaint must be directed to the customer service e-mail on the website;
- not to violate any applicable national or internal laws or regulations.
Each Member acknowledges that Exportclub.com does not pre-screen content but that Exportclub.com shall have the right (though not the obligation) in its sole discretion to move, modify or remove any content that is posted or uploaded on the discussion boards on the website.
Each Member grants to Exportclub.com a perpetual, world-wide, royalty-free irrevocable, non-exclusive licence (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) such Member uploaded, posted or e-mailed and/or to incorporate such content in other works in any form, media or technology now known or developed.
Each Member shall indemnify and hold Exportclub.com and its subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content such Member uploaded, posted or e-mailed on or through the discussion boards on the website, such Member's use of the discussion boards on the website, or such Member's breach of the provisions set in our “Terms & Conditions” and “Privacy-Policy terms”.
On being made aware of any such breaches, Exportclub.com may ban, delete or prohibit any content that relates to those breaches or that Exportclub.com in its sole discretion consider to be harmful to the public or the rights of Exportclub.com or any of its affiliates, licensors, partners or Members.
Exportclub.com reserves the right to take whatever action it deems necessary to prevent a Member's breach of “Terms and Rules”, including the following:
- issue a warning letter to the relevant Member (where the breaches are deemed by Exportclub.com to be minor incident);
- ban the relevant Member from discussion boards or the entire website (where the breaches are deemed by Exportclub.com to be major incident).
All incidents will be logged and Exportclub.com's decision shall be final in all such cases.
All information and/or other content posted on the website by the Exportclub.com service team or by Members or third party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are encouraged to seek independent professional advice in such situations.
Each Member hereby represents, warrants and agrees to provide true, accurate, current and complete information about itself and its business references as may be required by Exportclub.com and maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to Exportclub.com to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the website:
- Shall not contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- Shall not be part of a scheme to defraud other Members or other users of the website or for any other unlawful purpose;
- Shall not infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
- Shall not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- Shall not violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Shall not contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
- Shall not contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- Shall not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Shall not contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
- Shall not involve attempts to copy, reproduce, exploit or expropriate Exportclub.com's various proprietary directories, databases and listings;
- Shall not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- Shall not involve any scheme to undermine the integrity of the computer systems or networks used by Exportclub.com and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks;
- Shall not create any liability for Exportclub.com or its affiliates.
Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to: - act as such Member's business referee; - to post and publish their contact details and information, reference letters and comments on their behalf; - that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.
Member shall not take any action which may undermine the integrity of Exportclub.com's feedback system, such as leaving positive feedback for himself using secondary Member Usernames or through third parties or by leaving unsubstantiated negative feedback for another Member.
Each Member acknowledges and agrees that Exportclub.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. Exportclub.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Each Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the website or provides to Exportclub.com or authorizes Exportclub.com to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Member further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the website or provides to Exportclub.com or authorizes Exportclub.com to display.
Through the website, Exportclub.com provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers. Exportclub.com reserves the right to limit certain features and functions of the platform to certain or subscribed Members. Despite the provision of the platform through the website, Exportclub.com does not represent the buyer or the seller in specific transactions whether or not such transactions are made on or via the website. Exportclub.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
Members are hereby made aware that there may be risks of dealing with people acting under false pretences. Exportclub.com uses several techniques to verify the accuracy of the information our users provide us when they register on the website. However, because user verification on the Internet is difficult, Exportclub.com cannot and does not confirm each user's purported identity. We encourage you to use the various tools available on the website, as well as common sense, to evaluate with whom you are dealing.
Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using the website to conduct transactions. Such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each Member agrees that Exportclub.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
Member agrees to provide all information and materials as may be reasonably required by Exportclub.com in connection with its transactions made via the transactional platform on the website. Exportclub.com has the right to suspend or terminate any Member’s Account if the Member fails to provide the required information and materials.
In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify Exportclub.com (and all our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
6) Limitation of Liability
Linking to other websites is provided as an additional source of information only. Exportclub.com hereby declares explicitly that it has no influence on linked websites whatsoever and therefore can not be held liable for the contents of linked websites.
Exportclub.com uses your data in compliance with the data protection law. We are not liable for third party fault. Your data will not be passed on to third parties under any circumstances without your agreement.
To the maximum extent permitted by law, the service is provided on an “as is” and “as available” basis, and Exportclub.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose or non-infringement. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
To the maximum extent permitted by law, Exportclub.com makes no representations or warranties about the validity, accuracy, reliability, quality, stability, completeness or currentness of any information provided on or through the website.
Any material downloaded or otherwise obtained through the use of the Service is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from Exportclub.com or through or from the Service shall create any warranty not expressly stated in this Agreement.
The website may make available services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Exportclub.com and its affiliates be held liable for any such services or products.
Under no circumstances shall Exportclub.com be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Exportclub.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the Service;
- any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the website;
- unauthorized access by third parties to data or private information of any Member;
- statements or conduct of any user of the website;
- any other matter relating to the Service however arising, including negligence.
Notwithstanding any of the foregoing provisions, the aggregate liability of Exportclub.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Member for all claims arising from the use of the Service or the website shall be limited to EUR 10. The preceding sentence shall not preclude the requirement by the Member to prove actual damages. All claims arising from the use of the Service must be filed within one (1) year from the date the cause of action arose.
7) Intellectual Property Rights
Exportclub.com respects and rigorously abides by intellectual property laws and rightfully expects the same of all parties who use our Service.
Exportclub.com and/or its affiliates are owners or lawful licensees of all content (including but not limited to designs, logos, color schemes, graphic styles, text, images and videos) displayed on this website. Exportclub.com is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with Exportclub.com or its affiliates. All rights not otherwise claimed under this Agreement or by Exportclub.com are hereby reserved.
Contents of the website www.Exportclub.com are copyright protected. Copy or use of our content for commercial purposes is prohibited. Any unauthorized copying, publication, reproduction or distribution of copyrighted works is an infringement of the rights of the copyright owner and is therefore prohibited.
"Exportclub"-logos and icons are registered trademarks or servicemarks of the operator of this website and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Any unauthorized use of Exportclub.com's patents, trademarks, service marks, logos, slogans, screen shots, graphic styles, designs, copyrighted materials or any branded features without the prior written permission of Exportclub.com is strictly prohibited.
If you infringe upon rights with respect to any Exportclub.com Proprietary Property, you will be ordered to cease such illegal activity and you will be strictly liable to Exportclub.com for any and all damages (including recovery of attorney fees) which may be suffered and/or incurred as a result of your infringement.
If you are a legitimate copyright owner who believes that your rights have been infringed upon in any way through the content or services provided on this website, please contact us.
8) General Terms
Exportclub.com and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Exportclub.com's failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive Exportclub.com's right to act with respect with subsequent or similar breaches.
Exportclub.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of Exportclub.com). The Member may not assign, in whole or part, this Agreement to any person or entity.
This Agreement shall be governed by the laws of the Federal Republic of Austria (“Austria”) without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Austria.
Copyright © Exportclub.com
All Rights Reserved.