Preamble

The Provider provides an infrastructure on picsconverter.com, which should enable the User to convert electronic files from one format into another using the offered service at picsconverter.com

§ 1 Definitions

(1) User means every natural person who uses the offered services at picsconverter.com

(2) The following Terms and Conditions apply to every business relation between the Provider and the User.

§ 2 Service description and prices

(1) The Provider provides an infrastructure on picsconverter.com, which should enable the User to convert electronic files from one format into another using the offered file-converting program at picsconverter.com.

The Provider offers extensive technical server, hosting and pic-conversion services for its Users through the website picsconverter.com. Therefore, the downloading and uploading of files in various formats are allowed through the server of the Provider.

The service enables the Users to upload their files on the server of the Provider for the purpose of converting and downloading the converted files afterwards.

In general, the service provides the possibilty to convert a file (a "User File") from its original file format into a user-selected file format. The service operates by storing the uploaded or downloaded User File on the server of the Provider, converting it into a new file format ("Converted File") and then forwarding an indvidual download link to the Converted File by mail to the User.

(2) The provided service is free of charge for every User

The User acknowledges and agrees that the Provider is allowed to establish general practices and policies concerning the use of the services, including, without limitation, the maximum number of files that a User may upload through the service, the maximum size of the files that a User may convert through the service, the maximum number of times a user may access the service in a given period of time and the maximum number of hours or days that a file will be stored by the services.

(3) The Provider provides memory space for the User within the framework of its operational and technical possibilities and depending on the use of its services, in order to save files created by the User through uploading or by converting a download link.

For this purpose, the User grants the Provider a right of use of the file, unlimited by time or space.

The Provider reserves the right to delete files or refuse uploads or file downloads provided that there is not enough storage capacity or in case of unsuitable content.

The Provider reserves the right to change or discontinue any of the services at any time.

While the Provider tries to ensure that the services are free of error, he cannot guarantee that user files or converted files might not be deleted or lost. Users acknowledge and agree that the Provider will not be responsible for any failure of the services to convert a user file or store a user or converted file. The User acknowledges and agrees that the Provider will not be responsible for the deletion of a user file or converted file stored or processed during the provision of the services, or for the corruption of or loss of any data, information or content contained in a user file or converted file.

§ 3 Terms and termination

(1) The use of the services of the Provider is not bound to a specific period of time.

(2) The Provider doesn’t guarantee any server availability.

§ 4 General duties of the Users

(1) User are responsible for the technical applicabilty of the technical requirements to use the services of the Provider, particularly in regards to the used hardware and software, the Internet connection and the compatibility with browser software. Users are also obligated to secure their computer system, particularly to carry out a data backup regularly and to install up-to-date antivirus software. The Provider is not liable for virus damages, which could have been prevented by using the corresponding software.

(2) The User must adhere to the effective laws of the Federal Republic of Austria as well as the present conditions when using the services provided by the Provider. The User particularly shall:

a) not use the services of the Provider to convert pics with immoral or illegal statements nor pornographic and right-wing or violent contents;

b) adhere to the effective laws of the Federal Republic of Austria, particularly the regulations regarding data and youth protection as well as criminal ordinances;

c) not violate rights of third parties, particularly copyright and ancillary copyright, trademark, patent and other prоperty and personal rights. The User is particularly responsible for obtaining the relevant rights concerning the use of copyrighted work.

(3) As long as memory or storage capacity (central memory and fixed-disk storage) is provided to the User, he/she is not allowed to store any illegal, or infringing comments against the law or official regulations or against the rights of third parties. Following contents may neither be written nor offered:

a) Offers, whose application, supply or distribution infringes industrial property rights (such as trademark, patents, utility models and design rights), copyright and ancillary copyright and other rights (such as right to the own image, name and personal rights); the offer of plagiarism is not permitted;

b) pornographic and harmful offers;

c) propaganda articles and products from any unconstitutional organization:

d) weapons as defined on the Weapon Act, particularly firearms, cutting and stabbing weapons of any kind as well as ammunition of any sort;

e) protected live animals, products and preparations of protected animals as well as protected plants and their preparations;

f) bonds – especially shares – credits, loans and financial aim; money market and financial instruments, excluded from historical bonds that are not in circulation anymore;

g) debt obligations and court titles as well as other claims arising from collection legal transactions;

h) vouchers, which are available free of charge for everyone;

i) goods whose possession is lawful, but whose use is prohibited in the country of delivery;

j) human organs;

k) goods for a lower price as the statutory fixed price, insofar as the fixed price is not charged and there is no exemption;

l) land and land rights.

(4) The User is the sole responsible for the contents and for the accuracy of the transferred data.

(5) The User is not allowed to convert files automatically using a scripting language.

§ 5 Liability

(1) The Provider assumes no liability for the availability of the server and for system-dependent losses, interruptions and disturbances of the technical equipment that are not in the sphere of the Provider. Particularly, the Provider is not liable for disorders in the quality of the server operated by the Provider due to force majeure or events for which the Provider is not responsible. Among these are strikes, lockouts, legal company-internal labour dispute actions and official directives. This also includes the entire or partial failure of the communication and network structures necessary to own communication and network structures and gateways of other providers and operators.

(2) The Provider is not liable for a loss of data as far as such damage is a consequence of the User‘s failure to make data backups and guarantee a restoration of the lost data at reasonable efforts.

(3) The Provider is only liable for the own contents on its website picsconverter.com. As far as access to other web pages by means of links is possible, the Provider is not responsible for the external content. The Provider does not embrace the external content.

§ 6 Rights of the Provider

All copyrights, trademark rights or other intellectual property rights to the website picsconverter.com, contents created by the Provider, data and other elements belong exclusively to the Provider. Possible rights of the User to the contents submitted by him or transmitted to the Provider remain unaffected.

§ 7 Privacy Policy

(1) User data are collected, stored and processed by the Provider in compliance with currently effective norms relative to the protection of personal data for the fulfilment of the contract.

(2) Personal data collected during performances of the services are treated in strict confidence. These data are collected, stored and processed when legally allowed or in case that the User consents herein.

(3) The Provider is obligated to inform the User at any time upon request thoroughly and free of charge in regard to the stored data provided that it affects him. The Provider will neither pass on this data nor the contents of private messages of the User to third parties without its consent. However, this is not applicable if the Provider is legally obligated to disclose such data to third parties, in particular governmental authorities or as far as internationally technical standards require doing so.

(4) The Provider points out to the User that personal data (user-related data) and other information concerning its use (connection data) will be stored.

(5) The Provider is entitled to pass on anonymous user information to third parties for demographic purposes. These anonymous data may be used to generate statistics and quality assurance.

(6) The Provider is entitled to send the User information or offers of products/services by mail which may be interesting for the User.

§ 8 Change of the general business regulations

(1) The Provider reserves the right to make changes of these general terms and conditions at any time.

§ 9 Applicable law and jurisdiction

(1) This agreement shall be governed by the laws of the Federal Republic of Austria.

(2) If the User is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Provider’s business location has its seat, provided that an exclusive jurisdiction is not given.

§ 10 Final Clause

If any provisions of these Terms and Conditions are found to be partially or totally invalid, the validity of the remaining provisions will not be affected.