Terms of Use (TOU)
1. General Terms of Use
Please read the following Terms of Use ("Terms", "Terms of Use - TOU") carefully before using the imfino newswire service website (the "Service") operated by imfino ("us", "we", or "our").Your access to and use of the Service is conditioned on your acceptance of and compliance with our TOU as listed below. These TOU apply to all visitors, users, customers and others who access or use the Service
The consent of the user with the TOU and other legal texts listed below (e.g. Privacy Statement) is an absolute requirement for the use of the imfino newswire service website respectively. The use of this website implies that the user has accepted the TOU and all other legal texts. In the event that the user disagrees with these TOU or parts of them, further use of the imfino newswire service website is prohibited.
imfino reserves the right to modify these TOU at any time without notice to you, therefore we advise you to read the TOU from time to time to ensure that you are aware of any modifications. Any changes to these TOU will become effective immediately after we post the modified TOU. Your use of our Service after the latest version of the TOU has been published
If you are using the Service in your capacity as an employee, owner, or otherwise representing another person or entity, you hereby affirm that you are authorized to represent this respective person or entity. In this case, your consent to the TOU will also extend to this person or entity. You further represent and warrant that you are of legal age to form a binding contract, and that no legal reason exists that would exclude you from being granted access to or use of the Service.
Our failure to enforce any right or provision of these TOU will not be considered a waiver of those rights. If any provision of these TOU is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These TOU constitute the entire agreement between us and you regarding our Service, and supersede and replace any prior agreements regarding the Service.
A violation of all or some of the provisions of the below TOU and other legal texts leads to the immediate, automatic termination of the authorization to use the website. In the event of such violations, imfino reserves itself the right to any and all claims (e.g. claims arising from warranty and/or from compensation for damages) against the relevant user(s).
If you have any questions about these TOU, please contact us at office@imfino.org.
2. Rules of Conduct
Your use of the Service is conditional to strict observance of all applicable Austrian and international laws and regulations. You agree to abide by all these laws and regulations, including those relating to intellectual property, defamation, privacy, and the transmission or exportation of data.3. Use of News Release Content
Use of all news releases, photos, videos and any other related media content (“News Release Content”) posted on the imfino newswire website is restricted to editorial use. News Release Content may not be used for commercial use, like advertising, marketing, merchandising, or promoting goods or services. Likewise, News Release Content may not be republished, saved, archived, copied, streamed or redistributed without imfino’s prior written consent, unless specified differently in these TOU.The use of photographs is limited to the context of the news release with which it was distributed. It must include any captions and/or text accompanying each photograph, including links; the credit line in the metadata for each photograph, and if no credit line is included, then credit must be provided to imfino and placed immediately next to the News Release Content and in a clearly visible and obvious manner. The copyright notice must be included in the metadata for each photograph. Alteration or manipulation of photographs in any way that impacts their integrity or outlook is forbidden, as is the use of photographs in ways that are obscene, defamatory, or otherwise objectionable, or violate any laws, codes and regulations.
Imfino is in no way responsible for News Release Content, including without limitation any copyright, trademark, publicity, privacy, contract or other rights clearance, or the accuracy, timeliness, integrity, quality, safety, appropriateness of the information or content provided. Accuracy and completeness of News Release Content is the sole responsibility of you as a user. You are likewise responsible for obtaining the necessary permissions prior to your use of the News Release Content. If you choose to rely on or use News Release Content in any way you do so solely at your own risk and without warranty from imfino or any affiliated persons or companies (“imfino parties”) or service providers.
4. Information & Content Submitted by You
You agree that you as a user or customer are solely responsible for all information and content that you submit to or through the Service. You represent and warrant that you will not submit information or content that is false, inaccurate, outdated or misleading. You likewise consent that you will abstain from posting News Release Content that is defamatory or libellous, threatening, abusive or harassing; vulgar, obscene, offensive, or pornographic, or contains links to Internet sites that are obscene or pornographic or otherwise objectionable.You agree not to submit information or content that breaks and/or violates any confidentiality obligations or breaks and/or violates any laws, rules or regulations (including privacy, security, intellectual property).
The News Release Content posted by you must not infringe on imfino’s or any third party's copyright, moral, patent, trademark, trade secret or other proprietary rights, contract rights, or rights of publicity or privacy.
You confirm and warrant that the information and content submitted by you is original and exclusively owned by you, or, if not, that you have obtained all third-party permissions and licenses necessary for use. Any News Release Content must include all necessary copyright notices and references to third party content.
You agree that imfino has the right to edit, reject, or remove any information or content that is not in accordance with our TOU, and take any other action specified in these TOU without prior notice to you.
You acknowledge that imfino has no responsibility or liability for the actions of other users of the imfino newswire service, including actions another user may take or fail to take with respect to information or content that you submit to the imfino newswire website.
5. License
You acquire no rights or licenses in or to the imfino newswire service or any materials contained within the Service.Subject to the restrictions regarding the collection and use of your personal information detailed in our Privacy Statement, you agree to grant imfino newswire service and the imfino parties and service providers a perpetual, worldwide, royalty-free, irrevocable, assignable, sublicensable, non-exclusive right and license to:
- copy, display, distribute, use, transfer, store and create derivative works based upon any information and content submitted by you in imfino’s sole discretion and for any purpose (including without limitation advertising, commercial, promotional or publicity purposes);
- use, in whole or in part, your name, likeness, photograph, image, company name, screen name, e-mail address and/or other identifying information in connection with any content submitted by you;
- access and disclose your account information and any other information and content submitted by you, if required to do so by law or if such action is, according to our judgment, necessary in order to: (i) enforce these TOU; (ii) respond to claims that any information or content violates the rights of any third party; or (iii) protect the rights and property of imfino, imfino parties or any third party.
6. Information & Content Submitted by Other Users
Any News Release Content submitted or otherwise provided by users or customers of the imfino newswire service is the sole responsibility of the user or customer that provided the News Release Content. Therefore, you acknowledge that imfino newswire service is not responsible for the accuracy, timeliness, integrity, quality, safety, appropriateness or any other aspect of any information or content, or for any links, products or services offered, advertised or provided by any user or customer of the Service. Your decision to use or rely on such information or content is solely at your own risk and without any representation or warranty whatsoever from imfino, imfino parties, or service providers.We do not verify, endorse, or vouch for any information or content submitted by imfino newswire service users or customers, or verify the identity, credentials, affiliations or expertise of these users r customers.
7. Links to Third Party Sites
Content available through the imfino newswire service may contain links to third-party websites. imfino has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.You are hereby made aware and agree that imfino shall not be held responsible for the legality, accuracy, timeliness, quality, safety or inappropriate nature of any content, advertising, goods, services, or information published on or offered through such third-party websites. You further acknowledge and agree that imfino shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or information available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy statements of any third-party web sites or services that you visit.8. Information & Content Provided by imfino newswire service
Under these TOU, we consider any information or content on the imfino newswire service website that is not submitted by you or another Service user or customer to be information and content provided by imfino. This includes any information and content generated, licensed, or otherwise supplied by imfino.You acknowledge that, while information and content published through the Service may relate to public companies, securities, commodities, trading or personal investing, no information or content provided on or through the Service (including opinions expressed by imfino or imfino parties) constitutes a recommendation to buy or sell any particular investment product or portfolio, or represents an endorsement of any particular business or investment strategy. We strongly encourage you to consult an investment professional for advice about any investments you intend to make.
9. Privacy and Data Protection
Imfino takes very seriously the handling of personal data. The privacy policy of imfino follows the principle of maintaining data confidentiality and emphasizes the protection of personal data in particular.Please read carefully our Privacy Statement for more detailed information and instructions regarding the collection, use and disclosure of your personal information in connection with your use of the imfino newswire service.
10. Changes, Removal, Deactivation & Termination
Imfino reserves the right to make changes to its newswire service website (including changing or discontinuing any services and functions) at any time and for any reason at our sole discretion and without notice or liability to you.Imfino may terminate or suspend access to the imfino newswire service immediately, without prior notice or liability, for any reason, including but not limited to: suspicion of a breach or violation of these TOU or incorporated policies by users or customers of the Service; a request by a law enforcement or another government agency; discontinuance or modification of the Service; for the purpose of protecting the rights, property or personal safety of third parties; or in response to technical or security problems at the imfino newswire service website.
imfino reserves the right without any liability to you to take whatever actions we consider necessary to investigate any suspected illegal and/or unauthorized use of the Service, or any breach of these TOU. In addition, we will take every appropriate legal action against you, including without limitation seeking civil, criminal and injunctive relief.
You agree that once your imfino newswire service user account has been terminated for any reason, you will not seek to establish a new account or upload or publish any News Release Content under another name.
11. Guarantee
imfino does not guarantee that the imfino newswire service website can always and at all times be accessed. Technical errors and/or maintenance work as well as other causes (such as a re-launch of the website) can lead to its being unavailable temporarily or over a longer period of time. Therefore, imfino assumes no responsibility for any specific availability or accessibility of its newswire service website. imfino likewise does not warrant the accuracy, completeness, legality, objectivity and timeliness of the contents offered on the imfino newswire service website. This is equally applicable to all products and services offered on the imfino newswire service website, including descriptions and prices. imfino may undertake changes, modifications as well as deletion of the website in its entirety or parts thereof and the contents presented on it at any time and without prior notice to its users or customers.12. Disclaimers and Limitation of Liability
The Service and all imfino newswire service content is made available on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied regarding the Service. imfino and any persons or companies affiliated with imfino (“imfino parties”) therefore disclaim all warranties, express or implied, including warranties relating to title and non-infringement; merchantability and fitness for a particular purpose or use; warranties relating to the adequacy, accuracy, timeliness, or completeness of any information or content available through the Service. imfino newswire service likewise does not guarantee that the Service will be available for uninterrupted, error-free or secure use, or that all features, functions or operations of the website will be available at all times. Imfino newswire service also does not warrant that the Service (including files available for download) or the server(s) on which the imfino newswire service website is hosted are free of viruses or other harmful components. It is also understood that no opinion, advice, or statement made by imfino or imfino parties in these TOU, or on the website, or otherwise, shall create any warranty.
Your use of imfino newswire service and any information or content that you obtain through the Service is solely at your own risk. Under no circumstances, including but not limited to negligence, shall imfino or imfino parties be liable to you for any direct, indirect, incidential, consequential, punitive or exemplary damage or expense in connection with your use of the Service, including loss of business or profits or other economic damage of any kind arising from or related to your use of (or your inability to use) the Service; or your use of or reliance on any information or content thereon. This disclaimer applies in particular to all damage or expense arising from the use of the imfino newswire website, or to damage or expense arising from temporary or permanent inability to use the website (downtime), limited availability of the website or the content presented thereon, or erroneous presentation of content, whether imfino or third-party content, or the display of hyperlinks on the imfino newswire service website.
Under no circumstances shall imfino or imfino parties be liable to you for any loss, damage or expense incurred in connection with any misrepresentation or other breach of these TOU by another user or customer, or any communication, activity, business dealing or transaction between you and any other third party.
You agree, at your own expense, to indemnify and hold harmless imfino and any persons or companies affiliated with imfino (“imfino parties”) against any and all claims, damages, liabilities, costs and expenses ensuing from your use of (or inability to use) the Service or any links on the Service. imfino and all imfino parties shall likewise have no liability for, and you agree to waive any and all rights against imfino and imfino parties and hold imfino and imfino parties harmless in connection with, any claims relating to any action taken or not taken by imfino and imfino parties as part of an investigation of a suspected violation of these TOU, and any steps taken or not taken by imfino and imfino parties in response a conclusion that a violation of the TOU has occurred or not occurred.
13. Copyright Statement
Copyright on Own ContentAll of the information displayed on the imfino newswire service website (e.g. text, graphics, photographs, videos, music etc.) is protected by trademarks and/or copyrights that are either held by imfino or third parties respectively. It is therefore prohibited to download, reproduce and distribute the website as a whole or in part. In particular, the reproduction, distribution, renting, lending, provision and broadcasting rights are owned exclusively by imfino or third parties. Violations of intellectual property rights will be pursued by legal action.
Copyright on Third-Party Content
The use of imfino newswire service entails the use of content (e.g., text, graphics, photographs, videos, music, logos) belonging to third parties, including other users and customers. This content can be viewed by all users. Any other use of News Release Content, multimedia files and texts of whatever kind requires the prior explicit consent of the respective third party. The respective third party retains all rights to any News Release Content that has been submitted by this third party to the imfino newswire service website. Imfino will immediately inform the respective third party of any copyright infringements imfino has become or been made aware of. In any event, imfino assumes no liability whatsoever for copyright infringements on third-party content by third parties.
14. Fees and Payments
imfino newswire service reserves the right at any time to charge fees for parts of the Service or the Service as a whole. In that case, the users or customers of imfino newswire service are required to register and create an account. All fees will be billed to you as a user or customer and you are solely responsible for their payment. In that case, you will be asked to set a username and password. You are solely responsible for maintaining the confidentiality of your password. Any unauthorized use of your account or any other breach of security in connection with your account must be reported to imfino newswire service immediately without fail. imfino newswire service reserves the right to terminate your account, in its sole discretion, without prior notice.