Website disclaimer
(1) Introduction
This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you must not use our website.
(2) Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights on the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
(3) Licence to use website
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.
You must not:
(a) republish any material from this website (including republication on another website) or
(b) sell, rent or otherwise sub-license any material from the website or
(c) show any material from the website in public or
(d) reproduce, duplicate, copy or otherwise exploit any material on our website for a commercial purpose or
(e) edit or otherwise modify any material on the website or
(f) redistribute any material from this website except for content specifically and expressly made available for redistribution.
(4) Limitations of warranties and liability
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer (or elsewhere on our website) will exclude liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website under or in connection with this disclaimer, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
(5) Variation
We may revise this disclaimer from time to time. The revised disclaimer will apply to the use of our website from the date of the revised disclaimer's publication on our website. Please check this page regularly to ensure you are familiar with the current version.
(6) Entire agreement
This disclaimer, together with our privacy policy, constitutes the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect to your use of this website.
(7) Law and jurisdiction
This disclaimer will be governed by and construed in accordance with Austrian law, and any disputes relating to this disclaimer will be subject to the exclusive jurisdiction of the Austrian courts.
(8) Registrations and authorisations
We are registered with Top Ideas Marketing & Events GmbH. You can find the online version of the registeration at http://www.bmj.gv.at/service/content.php?v_action=detail&nav=72&search_id=007. Our registration number is Fn 281476k.
Our VAT number is ATU63357566.
(9) Our details
Top Ideas Marketing & Events GmbH
We are registered in Austria.
Our registered address is
Kärntner Ring 5-7
1010 Wien
Austria
You can contact us by
Tel: +43(1) 205 1160 1040
E-Mail: office@topideas.de
Internet: www.topideas.de
Privacy Policy
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type, referral source, length of visit and number of page views) and
(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services and
(c) information that you provide to us for the purpose of registering with us and
(d) information that you provide to us for the purpose of subscribing to our website services, e-mail notifications and/or newsletters and
(e) any other information that you choose to send to us.
(2) Cookies
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both “session” cookies and “persistent” cookies on the website.
We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google's privacy policy is available at: http://www.google.com/privacypolicy.html.
(3) Using your personal data
Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.
We may use your personal information to:
(a) administer the website and
(b) improve your browsing experience by personalising the website and
(c) enable your use of the services available on the website and
(d) send you general commercial communications and
(e) send you e-mail notifications which you have specifically requested and
(f) send you our newsletter and other marketing communications relating to our business or the businesses of selected third parties which we think may be of interest to you by e-mail or similar technology you can inform us at any time if you no longer require marketing communications) and
(g) provide third parties with statistical information about our users – but this information will not be used to identify any individual user and
(h) deal with enquiries and complaints made by or about you relating to the website.
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
All our website financial transactions are handled through our payment services provider, Paypal. You should only provide your personal information to Paypal after reviewing the Paypal privacy policy (available at www.paypal.com). We will share information with Paypal only to the extent necessary for the purposes of processing payments you make via our website.
(4) Disclosures
We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this privacy policy.
In addition, we may disclose information about you:
(a) to the extent that we are required to do so by law and
(b) in connection with any legal proceedings or prospective legal proceedings and
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
Except as provided in this privacy policy, we will not provide your information to third parties.
(5) International data transfers
Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.
Information which you provide may be transferred to countries (including the United States, Japan, and other countries) which do not have data protection laws equivalent to those in force in the European Economic Areas (EEA).
In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world.
You expressly agree to such transfers of personal information.
(6) Security of your personal data
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall- protected) servers.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
(7) Policy amendments
We may update this privacy policy from time to time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.
We may also notify you of changes to our privacy policy by e-mail.
(8) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £20.00).
You may instruct us not to process your personal data for marketing purposes by e-mail at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)
(9) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(10) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
(11) Contact
If you have any questions about this privacy policy or our treatment of your personal data, please write to us by e-mail to office@topideas.de or by post to
Top Ideas Marketing & Events GmbH
Kärntner Ring 5-7
1010 Wien
Austria
(12) Data controller
The data controller responsible for our website is Top Ideas Marketing & Events GmbH.
General terms of participation for the raffle at www.win-risetopower.com
These terms of participation control the requirements when participating in the raffle at www.win-risetopower.com as well as the legal relationship between the participants and the organizer of the raffle, which is Top Ideas Marketing & Events GmbH (from now on referred to as “Top Ideas”), Kärntner Ring 5-7, 1010 Wien, Austria.
The participation in this raffle is free of charge.
The prize of the raffle is a computer by ALIENWARE.
The participant’s application is only to be carried out exclusively through registration at www.win-risetopower.com. By participating in this raffle, the participant accepts these terms of participation. Cash payment, payment in alternative material assets or an exchange of your winnings is not permitted. The prize cannot be transferred nor passed on to any third party and it is not possible to carry it back. The odds of winning are directly related to the number of received valid applications. The participation in this promotion is limited to one application a person.
The application period for this raffle is determined as following: The application period starts at 01:01am CET on March 13th 2010 and ends at 05:59pm CET on May 25th 2010. The online application has to be delivered to us within this time frame according to the participation conditions. “CET” stands for Central European Time and it is the responsibility of the participant to check in what time zone he is located and take note accordingly.
The personal information, filled in for the sake of this raffle, will only be used for the purpose of this promotion and will not be passed on to any third party without the participant’s permission. Legal recourse is excluded. Details to the protection of data privacy, regarding the data obtained within the scope of this raffle, can be found in the impressum.
After the application period is closed, the winner will be ascertained at May 26th 2010 in a non-disclosed drawing and afterwards will be made public.
Were technical problems to arise in this promotion or any website (or parts of) connected to this promotion; were the online participation impossible; were a computer virus or bug to reproduce any unjust manipulation, any unlawful interference, any participant’s interference, any deceit, any technical flaws or other circumstances, that Top Ideas deems hurtful to the administration, security, fairness, integrity or correct chain of events, Top Ideas retains the right to partially or completely terminate, abort, alter or postpone this promotion. Moreover, Top Ideas retains the right to, according to its own findings, exclude participants whose behaviour or actions could disrupt, impede, compromise or in any way influence the integrity or the correct chain of events. Any attempt by a participant or someone else to sabotage the online service, the website or the correct chain of events in this promotion will be met with ramifications from both civil as well as criminal law. Were such an attempt to be successful, Top Ideas retains the right to request compensations, to the fullest extent law allows, from the perpetrator.
Using software to automatically apply is prohibited. Applications through multiple e-mail addresses, multiple identities or through any other means of automatically applying will be considered null and void. It is assumed that the authorized proprietor’s own e-mail address is used when applying for the promotion. An authorized proprietor’s own e-mail address is considered to be the natural person who was assigned that particular e-mail address from an internet provider, a service provider or from anyone else who allots e-mail addresses or the organisation that is responsible for assigning domains with the applied e-mail address.
Top Ideas does not offer any guarantees or warranties concerning the application or the claiming of the prize towards the winner and is not liable for any problems or difficulties with the winner on the basis of reasons that are out of Top Ideas’ reach.
Top Ideas does not take any liability for:
- Any defects, malfunctions, interruptions, communicative or connective delays on the basis of technical problems with computer hard- or software, networks, cables, telephones, internet access or any other communicative means which are owned by any third party, basically those who control, apply or make it available
- Any defects, omissions, incorrect information or erroneous identification in the application process or
- Belated, lost, stolen, incomplete or misdirected applications. It is the full responsibility of each participant to assure his e-mail address is correct, valid and operational as well as that packages can be delivered to his stated mailing address by international courier services.
By applying to this promotion, the participant confirms his consent, that Top Ideas can in no way be held responsible or liable were the winning e-mail notification, based on problems outside of Top Ideas’ reach, to not be deliverable, to be sent back, to be deposited in the spam or junk e-mail folder, to be declined or to be blocked. (For example, Top Ideas cannot be held responsible when the winning e-mail notification is sent back or blocked by firewall or security settings on the winner’s system, network or service.)
The Federal Republic of Germany’s legislation will exclusively be in effect.
The winnings will be paid out after the competition’s end. The payment of money rewards will be done so through PayPal to the participant in question. To accept money winnings, the participants need to have a PayPal account at their disposal. Material prizes cannot be paid out in money. The shipping of material prizes will be done so by matter of postal service.
Employees of Top Ideas as well as their partners and relatives are excluded from this competition.
Would one of the previously mentioned regulations prove to be invalid, it would not affect the validity of the other regulations. Ineffective regulations will be replaced by such effective rules which would largely achieve the commercial and legal targeted goals. The jurisdiction of Berlin is applicable, as far as the participant is a tradesman in commercial law, a legal entity of public right or has special assets subject to public law. The same can be applied when the participant does not have a normal residence nor domicile in the Federal Republic of Germany when action would be taken against him.
