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cleanbustion SNCR database
The scope of application of these General Terms and Conditions covers all services and products and all data and material offered by DyCarnica Karin Koglbauer, MA, MBA (hereinafter referred to as “DyCarnica”, “our”, “we”, “us”) as part of the cleanbustion SNCR database Innovation Project (hereinafter referred to as “Cleanbustion”) on the website https://cleanbustion.dy-carnica.com (hereinafter referred to as “Site” or “Service”), unless expressly agreed otherwise in writing.
By accessing and/or using the Site or the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules, terms, conditions, policies, and procedures that may be published on this Site or in connection with the Services. All such rules, terms, conditions, policies, and procedures are incorporated into this Agreement by this reference. We may change, add or remove portions of this Agreement at any time, and if we do so, we will post such changes on the Site and the changes will become immediately effective, and your continued use of the Site will indicate your acceptance of this Agreement as it is then in effect. Accordingly, you should visit this Site from time to time to review the then-current and effective terms and conditions because they are legally binding on you.
If you have not paid for the Services, DyCarnica hereby grants to you a revocable, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use only those portions of the Site and/or the Services accessible to trial users approved by DyCarnica without a password or logon for your own personal use, subject to this Agreement. In order to use the Services, you must provide and maintain adequate communications and computer equipment and obtain access to the World Wide Web directly or through devices that access web-based content. You are responsible for paying any and all service fees associated with such access. As a condition to your use of this Site and/or the Services you agree to comply with the terms and conditions set forth in Section “Use” below and all other terms and conditions of this Agreement.
If you are accessing a Cleanbustion site pursuant to a License Agreement executed by DyCarnica, we hereby grant to you, a revocable, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use those portions of the Site and/or Services made available to you pursuant to that License Agreement.
Links on this Site may provide access to other Internet sites that are not maintained or controlled by DyCarnica. Such external Internet sites contain information created, published, maintained or otherwise posted by organizations and entities independent of DyCarnica. DyCarnica is not responsible for the content of those sites. Links on this Site may also provide access to other entities affiliated with DyCarnica. This Agreement applies only to the Services offered at the Site. Your use of any website other than the Site will be subject to the terms and conditions posted on that website. DyCarnica takes no responsibility and assumes no liability for any content posted by any third party or on any other website, nor does DyCarnica approve, endorse, verify or certify information available at any external site or linked addresses. DyCarnica takes no responsibility and assumes no liability for the privacy practices of such third parties.
By using this Site, you agree that we may collect your personal information which may be obtained by cookies and that our use of such personal information will be in accordance with our Privacy Policy.
All content included on this Site including, without limitation, text, video, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, the compilation of all content on this Site, and all software used on this Site are the property of DyCarnica or its content suppliers and protected by international copyright laws. The DyCarnica name and logo, and all other trademarks, service marks, and trade names appearing on this Site (collectively, “Marks”) are owned by DyCarnica or its licensors. Nothing in this Agreement or on the Site grants you any right or license to make any use of any materials or Marks on this Site other than as described in the following paragraph.
We post various copyright notices and copyright management information, terms of service, and other legal notices as well as various credits on pages of this Site and the Services, which you may not remove even from your permitted copy. Certain portions of this Site are protected by various technological measures that control access to and otherwise protect the rights of DyCarnica and its licensors as copyright owners. Any circumvention of such measures is strictly prohibited and subject to criminal prosecution as well as civil sanctions.
In connection with a Cleanbustion License are certain content and materials (collectively, “Compilation”) available through the Services are largely factual in nature and are available for download and reuse. However, any reproduction, distribution, use or modification of all or any substantial portion of this Compilation or any subgroup thereof requires the express prior written permission of DyCarnica.
DyCarnica requires users to respect our copyrights. We likewise respect the intellectual property of others. If you believe that our Site contains elements that infringe your copyrights, please contact us.
You are only entitled to use the Cleanbustion database as part of a license insofar as the data is used to complete, support or underpin an engineering service. Commercial use is permitted within the scope of the services mentioned, with the exception of our copyright regulations. You may not copy, download, publish, modify, or otherwise distribute any material on this website for any other purpose, including, but not limited to, direct resale, unless you have obtained prior express written permission from DyCarnica.
Except as expressly permitted by this Agreement or your separate Access Agreement(s), you may not, nor may you permit or authorize or encourage others to: (a) copy any portion of the Site and/or Services; (b) use the Services to provide a third party access to the Services, or any portion thereof, absent our express written permission; (c) use the Services to develop any database or other information resource for internal use or (d) create compilations or derivative works of the materials on the Site or available through the Services.
You may not, nor may you permit, authorize or encourage others to: (a) store in any information retrieval system, transfer, publish, distribute, display to others, broadcast, sell, or sublicense the Services, or any portion of the Site or the Services; (b) use the Services to develop any database, database service (online or otherwise), or other information resource in any medium (print, electronic or otherwise, now existing or developed in the future) for sale or license to or use by others; (c) remove, disable, or defeat any functionality in the Services designed to limit or control access to or use of the Services or to protect the rights of DyCarnica or its licensors as copyright owners; (d) use the Services for the benefit of any third party, including without limitation, in an outsourcing or timesharing arrangement, or in the operation of a service bureau; (e) sell, lease, sublicense, distribute, or otherwise transfer the Services to any person, firm, or entity; (f) decompile, disassemble create or attempt to create, by reverse engineering or otherwise, the source code from any object code accessible as part of the Site or Services; (g) use this Site or the Services in any other inappropriate, objectionable, harmful or illegal manner; or (h) use, copy or otherwise access any restricted-access portion of the Site, the Services or any content or materials contained in any such area of the Services for which you have not been licensed and invoiced by us. If for any reason, you access or permit others to access any such content or materials which have not been licensed to you, these terms and conditions apply to your use of such content and materials and you agree to pay all applicable charges.
You are responsible for all of your activities and may not violate or attempt to violate the security of the Site and/or the Services. Accordingly, you shall not (a) circumvent or attempt to circumvent any security measures designed to control access to the Site and/or the Services or in any way obtain or attempt to obtain unauthorized access to or use of any elements or portion of the Site and/or the Services; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (e) use this Site and/or the Services to infringe the intellectual property rights of others in any way – be advised that it is our policy to terminate the accounts of repeat infringers of copyright; (f) use this Site and/or the Services or make any attempt to penetrate, modify or manipulate this Site and/or the Services or any of DyCarnica’s hardware or software in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any third party; (g) attempt to interfere with service to any user, host or network, including without limitation, by submitting any harmful code, trojan horse, worm or virus to the Site and/or the Services, any denial of service attack, overloading, mailbombing or attempted crashing of the Site and/or the Services or the software or hardware used in providing the Site and/or the Services; (h) spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting; (i) create “deep links” into pages other than the front page of the Site; or (j) assist or permit any persons in engaging in any of the activities described above.
We reserve all rights, including without limitation the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit and/or criminal prosecution for any alleged or actual illegal activities involving this Site and/or any of the Services, as well as the right to terminate your access to the Site and/or the Services.
At the Site, we may collect your personal information which may be obtained as part of your registration for and use of the Site and/or the Services in accordance with our Privacy Policy.
In order to access certain Services offered through the Site, you may be required to pay fees and/or accept additional terms and conditions and in such event you may be provided with a number, code, or other sequence or other access information that provides you with access to certain restricted Services (the “ID” ) and to your account (the “Password” ). You are the sole and exclusive owner of the Password and ID combination. In no event will you disclose to anyone such Password or ID and you agree to treat all such information as strictly confidential at all times. Maintaining the confidentiality and security of your Password and ID is solely your responsibility. You are fully responsible for the use and protection of the Password and ID and for all transactions undertaken by means of any account opened, held, accessed or used via your Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including, without limitation any loss, theft or unauthorized use of your Password(s), IDs and/or account number(s). If we have reasonable grounds to suspect that the security of your Password has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the Services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID. You shall notify DyCarnica by email at office@dy-carnica.com of any known or suspected unauthorized use of the Services, of any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized use of your Password or ID.
Subject to the terms below, DyCarnica represents that it has the right to license the rights granted under this agreement.
DyCarnica makes no representation or warranty, and expressly disclaims any responsibility for liability with respect to your use of the Site and/or the Services or the results obtained from your use of the site or the services, including, but not limited to, liability associated with errors or omissions, libel, infringement or violation of rights of publicity, privacy, intellectual property rights, or moral rights, or the disclosure of confidential information.
Moreover, except for the express warranties stated herein, the Site and the Services are provided on an “as is” and “as available” basis, and DyCarnica disclaims any and all other warranties, conditions, covenants, or representations (express, implied, oral or written), relating to the Site and/or the Services or to any parts thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. DyCarnica also makes no warranties respecting and shall have no responsibility for any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program or otherwise. DyCarnica further expressly disclaims any warranty or representation to any third party.
Notwithstanding anything herein to the contrary, DyCarnica shall not be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Site and/or the Services (even if DyCarnica has been advised of the possibility of such damages). In addition, DyCarnica shall not be liable for any damages or liability that result or arise from the results of your use or your inability to use the Site and/or any other part of the Services. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. But, to the extent the foregoing limitations of liability are, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of DyCarnica for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to the site, the services and/or this agreement shall be limited to your direct damages actually incurred up to two hundred Euros (€200).
If you are accessing a DyCarnica site pursuant to an Access Agreement or other agreement executed by DyCarnica , the substantive laws of Autria will govern any dispute arising under this Agreement, without regard to any conflict of laws provisions.
If you are accessing a DyCarnica site pursuant to an Access Agreement or other agreement executed by DyCarnica, any controversy, claim or dispute arising out of or relating to this Agreement, or the breach thereof may be settled by mediators (ZivMediatG) registered by mutual agreement for the out-of-court settlement of the dispute, with a focus on business mediation, from the list of the Ministry of Justice. If no agreement can be reached on the selection of business mediators or on the content, at the earliest one month from the failure of the negotiations legal action has been taken.
In the event that mediation has not been concluded or has been terminated, Austrian law shall apply in any legal proceedings initiated. All necessary expenses incurred as a result of a previous mediation, in particular also those for legal advisors consulted, can be claimed as “pre-litigation costs” in accordance with the agreement in court or arbitration proceedings.
The place of arbitration shall be Klagenfurt, Austria. The arbitrator shall apply the substantive law of Austria applicable to the claims asserted. The arbitrator shall determine how the fees will be allocated between the parties and may award the prevailing party all or part of its costs and reasonable attorney fees. The arbitration award shall be final and binding on the parties and judgment upon any award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the parties specifically reserve the right to seek provisional remedies, injunctive relief, or other equitable remedy in a court of competent jurisdiction, without waiving any right to arbitration.
Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access to the Services and/or Site under this Agreement if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Services. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Site or in conjunction with the Services. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by DyCarnica or act as estoppel against later enforcement. Subject to the terms of Section “Order of Precedence”, this Agreement constitutes the entire agreement between you and DyCarnica with respect to the specific subject matter addressed herein, and governs your use of the Site and/or the Services, superseding any prior agreements between you and DyCarnica relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with DyCarnica pursuant to a registration to access certain features of the Site and/or the Services such as an Access Agreement or other agreement. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of DyCarnica. You may not assert any claim or cause of action arising out of or relating to your use of the Site and/or the Services more than one year after the date such claim or cause of action arose. DyCarnica shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Site and/or the Services resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of DyCarnica. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
DyCarnica may terminate this Agreement for any reason at any time without any advance notice to you. Notwithstanding any such early termination, Sections “II” through “VI” of this Agreement shall survive any expiration, cancellation or termination of this Agreement.
In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The ineffective provision shall be replaced by an effective provision which comes as close as possible to the meaning and economic purpose of the ineffective provision.
BY USING OR ACCESSING THIS SITE AND/OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND THESE TERMS OF SERVICE.
