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The company mWS myWorld Solutions AG, Grazbachgasse 87-93, A-8010 Graz, Austria (abbreviated below to “myWorld Solutions”) operates a platform on the website www.myworld.tv, on which myWorld Solutions publishes proprietary content.
myWorld.TV offers members and loyalty merchants of Cashback World a unique service. Free of charge and on demand, the web channel presents exclusive information and exciting entertainment. As well as serving as a video platform and video archive, the website offers registered members, who are logged in, the opportunity to upload and present videos they have produced themselves.
1.1 Use of this website is subject to the terms of use stated here. Applying additionally for members are the General Terms and Conditions for Cashback World members, for Lyconet Marketers the Lyconet Agreement for Independent Lyconet Marketers, for loyalty merchants the Loyalty Merchant Agreement, along with any other additional agreements concluded.
1.2 “Content” refers to text, software, scripts, graphics, photos, sounds and noises, music, videos, audio-visual content, interactive functionality and other material, which is visible via the services, potentially accessible via the services or to which it is possible to contribute via the services. “Services” refers to active and passive opportunities for use made available by myWorld Solutions on and by means of this website.
1.3 Use of the services is taken as acceptance of these terms of use.
1.4 Use of the services is not permitted to the extent that this is forbidden by the law of the state in which the user is resident, or if the user has not reached the minimum age required according to the law in their state of residence.
2.1 myWorld Solutions consents to accessing of the services and use of the website subject to the following conditions. The user declares agreement to the following:
2.2 With the exception of content transferred to the services by the user, all content on the services is either the property of, or licensed to, myWorld Solutions, and is subject to copyright, trade mark and/or other intellectual property rights of myWorld Solutions or licensors to myWorld Solutions. All brands or trademarks for goods or services to be found in the content, which are not uploaded or posted by users responsible for transfer, are the goods or service brands of the corresponding mark owners. Such content must not be downloaded, copied, reproduced, disseminated, transferred, sent, presented, sold, licensed or otherwise used for any other purpose, unless myWorld Solutions or, where relevant, the licensor to myWorld Solutions, has granted prior, written permission. myWorld Solutions and its licensors reserve all rights not expressly granted and relating to content.
3.1 As a logged-in Cashback World member, a user can transfer their own proprietary content. The user acknowledges that their content will be made available to the broader public as a result of uploading. Proprietary content can be deleted at any time by the user themselves in their login area or by myWorld Solutions.
3.2. The user who transfers retains all rights to their content. Without prejudice to the foregoing, by uploading to the website, the user nevertheless grants the following, limited license rights to myWorld Solutions and other users of the services:
3.3 The user who transfers is solely responsible for their proprietary content and the consequences of publication of their content.
3.4 The user who transfers warrants and guarantees that they possess all necessary licences, rights, assents and permissions (moreover for the entire period of their use), which are required for myWorld Solutions to be able to make use of their content for the purpose of providing the services and for purposes other than those declared in the services and these conditions.
3.5 The user who transfers warrants and guarantees that they will not post or upload any content, the possession of which is illegal in their state of residence or the use or possession of which might be illegal for myWorld Solutions in connection with the provision of the services.
3.6 Moreover, the user who transfers shall desist from using content that is in fact incorrect, offensive or objectionable or might be perceived by other users as disturbing for other reasons.
3.7 The user who transfers warrants and guarantees that content they transfer to the service contains no material that is either protected by third-party copyright or infringes third-party rights (including data protection and rights to one’s own image), unless they have a valid licence or agreement from the rights owner or are otherwise entitled to post the material in question and transfer to myWorld Solutions the licences described in section 3.2.
3.8 The user who transfers is solely responsible for the secure and confidential protection of their access data and other (personal) data. The user is obligated to report immediately any loss or misuse of their access data to myWorld Solutions. myWorld Solutions accepts no liability for any damage resulting from the misuse of access data.
4.1 At its sole discretion and with no prior notification or declaration of reasons, myWorld Solutions can and will remove content items and/or block a user’s access to the services, or part of the services, if their content violates applicable laws or the provisions of these terms of use or associated agreements, whilst nevertheless being under no obligation to do so.
4.2 In the event that a user feels their rights have been infringed by another user’s content, they should send a notification to that effect to the following address: clipbox.report@myworld.tv. myWorld Solutions shall endeavour to pursue all incoming notifications without delay.
4.3 myWorld Solutions reserves the right to change from time to time the form and type of services provided, without prior notification. myWorld Solutions can terminate the operation of service or functions within the services (temporarily or permanently) at any time, at its sole discretion and without prior notification.
4.4 myWorld Solutions reserves the right to change these conditions from time to time. The currently valid version can be read on www.myworld.tv.
5.1 myWorld Solutions does not endorse its users’ content or the opinions, recommendations or suggestions expressed in this content, and expressly excludes all liability in connection with user-generated content. myWorld Solutions accepts no liability for damage arising as a result of this content. Anyone writing comments/assessments of whatever kind on the website is themselves liable for their contribution as author. In the event of infringement of third-party rights, the person responsible shall fully indemnify and hold harmless myWorld Solutions. In the event of noticing any content that is illegal, contrary to common decency or otherwise detrimental to the reputation of myWorld Solutions, myWorld Solutions reserves the right to delete it; claims against myWorld Solutions are excluded.
5.2 The services can contain hyperlinks to other websites that do not belong to myWorld Solutions or are not under myWorld Solutions’ control. myWorld Solutions has no control over and assumes no responsibility for the content, data protection provisions or activities of other websites. myWorld Solutions accepts no liability for damage or losses of any kind that might arise as a consequence of the accessibility of such external websites or sources or as a consequence of trusting in the completeness, correctness or existence of an advertisement, product or other material present on, or available via, such websites or sources.
5.3 The services are provided “as is”, and myWorld Solutions makes no warranty or guarantee in relation to them. In particular, myWorld Solutions cannot warrant that the services can be provided without interruption, on time, secure or free of errors.
5.4 myWorld Solutions is not liable either for changes of whatever kind that myWorld Solutions makes to the services or that might arise through whatever temporary or permanent termination of the provision of services, or, with respect to third parties, for the deletion, damage to or storage errors relating to content or other communication data.
6.1 To the extent that these terms of use contain gender-specific expressions, nevertheless they indicate both female and male persons as well as legal entities.
6.2 If individual provisions in these terms of use are entirely or partially void and/or unenforceable, this does not affect the validity of the remaining provisions.
6.3 The contractual relationship is subject to Austrian law. Use of the UN Sales Convention is excluded.