Terms and Conditions

In these terms and conditions the premises for the use of the services offered by 
SPIONCINO OG (operator) are illustrated.

These terms and conditions are binding for all users of the platform. Deviances are not accepted, especially in how far the use of the services outside of Austria is concerned.

The operator reserves the right to modify these terms and conditions from time to time and/or to adapt them to the current law. Should there be any changes in these terms and conditions, you as a user of this service will be immediately informed about them.

This will occur through an announcement on the website or through the sending of the new terms and conditions to the e-mail address you have used for your registration.

The changed version of the terms and conditions applies 30 days after its announcement via the channels described above at the earliest.


1. Product description

Spioncino OG operates a video chat portal in the internet in which audio-visual communication and messaging are offered for
 FREE.

As a user of Spioncino you can register for free und use part of the services offered. Especially the participation at Spioncino Multitable, the creation and maintenance of your own profile, the use of different search options as well as the possibility to send messages to other users are included herein.

Additionally, you can become a Premium member, this is connected with costs. This allows you to use the whole range of services offered by Spioncino.


Premium memberships are temporary and end automatically after the stipulated period of time.

Users will be informed about terms and conditions of a premium membership about the relative services and costs on the website.


2. Access

In order to be able to use the services of Spioncino, users have to register on the website in order to become members. 


For a successful registration, a valid e-mail address is needed. Furthermore, users have to choose
a username and password and select their gender, age and their residence.



3. Beginning of the contractual relationship

A contractual relationship free of costs begins right after the successful registration between users and Spioncino OG which has to be confirmed by users through a mail sent by Spioncino to the respective account of the users.

By agreeing to and accepting the contractual relationship, users confirm that the information provided at the registration is genuine.

By agreeing to and accepting the contractual relationship and by making use of the services provided on Spioncino, users accept the terms and conditions of Spioncino OG as binding.

Only these terms and conditions are the object of agreement and they are valid for each access to the website of Spioncino through the user.

This contract is stipulated for an unlimited period of time and can be terminated by both parties at any given time.

The cancellation of the contract is done by the users in the menu under
“My Profile”/”Privacy Settings”/”Delete Account”.



4. Users’ Obligations

To become a so-called “member”, users have to be 16 years of age at least. Any registration of users below 16 years of age is impossible and contradicts the terms and conditions of Spioncino corporation.


By registering on the website of Spioncino, users declare to be at least 16 years of age. Spioncino reserves the right to delete any accounts that do not comply with this requirement.

Furthermore, users themselves are responsible for keeping their access data, especially their password, secret. They assume full responsibility for any activity carried out with their access data by third parties. Users have the obligation to report such activities to Spioncino immediately.

Users declare to keep Spioncino OG free of any harm caused by their own as well as the behaviour of third parties acting in their name. This applies especially to honesty offences according to §115 of the penal code, defamation according to §111 of the penal code and various violations of copyright. Damages caused thereby are to be refunded to Spioncino OG according to Austrian Civil Law.

Users agree with using Spioncino in accordance with the applying laws and the terms and conditions.


Furthermore, users are aware that by using the services provided by Spioncino they get into contact with other users, which includes the compliance with the rules of participation.

By using the services of Spioncino users therefore agree to observe these rules in order to guarantee a trouble-free contact with other users.


5. Rules of participation

For participating at the services of Spioncino the compliance with certain rules is indispensable.
By logging in on the website users accept these rules as given and agrees with behaving according to them.

·         Always be polite and friendly in the contact with other users

·         Do not annoy other users by sending them unwanted mails or friendship offers etc.


·         Do not repeatedly prompt other users to join you in chat rooms or private chats unless they want to or join by themselves.

·         Avoid instructing other users

·         Do not bully, humiliate or threaten other users

·         Do not spam! Do not send mass mails, chain letters, virus, Trojans and junk mail.

·         Do not publish and transfer any music, texts, videos, words, images, graphics, videos or other material which breaches the copyright, brand, intellectual property or other rights of third parties. If you do, the responsibility is fully yours

·         Do not use the services of Spioncino for commercial and advertising purposes

·         Avoid choosing racist, sexist, vulgar, contemptuous terms for your username

·         Do not pretend to be another natural or artificial person in order to trick other users, for example by pretending to be a collaborator of Spioncino

·         Do not discuss or arrange any illegal activity

·         Do not collect personal information about other users. Do not tape and/or film any chats with other users without their permission.

·         Do not promote any aggressive, racist, pornographic, sexist, violent, politically motivated, vulgar, fanatic, deceptive, fraudulent or illegal behavior and/or acts. If you do, you will be excluded from Spioncino immediately

·         Any depiction of sexual acts or pictures with sexual contents via the website of Spioncino is prohibited as well as links to other sites offering such content

 


In case of a violation of these rules Spioncino OG has the right to lock or delete the account of the respective user without any prior announcement. This also includes “Premium Users”.

Additionally, Spioncino OG reserves the right to analyse such contents and to remove or garble them.

Users have no claim to the publication of any contents on the website. Spioncino OG furthermore reserves the right to collaborate with the respective authorities should these terms and conditions be violated.

Spioncino OG is not obligated to check and control all the contents regarding their legality.
However, Spioncino aims to examine any emerging violation of the terms and conditions.


6. Warranty, liability, disclaimer

All services and contents are provides by Spioncino OG without any guarantee.

Furthermore, Spioncino assumes no liability that contents, services and the behaviour of other users corresponds to your expectations and requirements and that contents and services are at your disposal without interruption and/or errors.


All users of Spioncino accept that they alone are responsible for displayed contents like images, texts,
videos etc.  Spioncino OG assumes no responsibility and is not liable for claims for compensation for your conversation and interaction with other users.


Users are aware that any content on the website can be seen by other users and agree with this circumstance.

The website Spioncino is exclusively reserved for private use and entertainment.
A commercial use of the site by the users is not allowed. Users agree with this clause.
Any infringements cause the immediate blocking of the account and may result in claims for compensation by Spioncino.


You as a user assume the full responsibility to take precautions in the contact with other users.

Spioncino does not intend to animate or encourage users to meet other users privately. Should you decide to do so, you do it at your own risk and Spioncino is not liable for this. 

You as a user are not permitted to diffuse racist, commercial, insulting, illegal, sexist, obscene contents (pictures, videos, files, names etc.) or to act in these ways on the website of Spioncino and agree with behaving according to this.

In case of a violation Spioncino OG reserves the right to delete such contents and to claim compensation from the user.

You as a user assume full responsibility for any contents you upload (pictures, files, videos, names etc.) and agree with keeping Spioncino OG free from any possible claims for compensation by third parties that can result by your behaviour and actions on the website.

Furthermore you are aware and accept that any risks resulting from the use of the website and services offered by Spioncino and the communication with other users are your own.

Spioncino assumes no responsibility or liability for damages resulting from emotional distress, loss of data, pictures, texts, files in connection with the use of its offered services.

Spioncino is not liable for links which lead to other websites of third parties. Should you as a user decide to visit such websites, this happens at your own risk and Spioncino is not liable for this.
Please bear in mind that such sites have other terms and conditions which you can find on them.

You as a user take this circumstance for granted and agree with it.


7. Premium Membership

The so called “Premium Membership” is no self-extending subscription. After the transaction there are no further financial obligations.

Before the conclusion of this contract with costs, users are informed about the volume and type of services offered their price and the conditions of payment.

 A “Premium Membership” is temporally limited and automatically extincts after the arranged period of time. The price for the arranged period (month, quarter, and half-year) is paid in a single payment. You can find the according prices on the website.

After the arranged time span a “Premium Membership” automatically becomes a membership free of charge. The additional functions of the “Premium Membership” end except if it is renewed, this means that limited services are at your disposal once the “Premium Membership” has ended.

Spioncino OG has the right to claim charges for a “Premium Membership” in advance.
A refund of paid charges is excluded as soon as the “Premium Membership” has begun. 

Shouldn’t you as a user agree with these terms we ask you not to use the services offered by Spioncino. 


8. Beginning of the “Premium Membership”

A “Premium Membership” automatically begins as soon as the service is made available for users and ends automatically after the arranged time span.

The contractual relationship between Spioncino OG and users only begins after users confirm the “Premium Membership” and the related payment obligation on the website of Spioncino.


9. Users’ rights

Users have no claim to the maintenance of the services offered by Spioncino. Furthermore, users have no right to the publication of any contents on the website.

Spioncino OG reserves the right to modify or stop its services without having to provide justification for this.

In the case of a cancellation of the services offered by Spioncino users have the right to reclaim the amount paid for a “Premium Membership”. A refund is possible in no other case.

Spioncino strives towards constantly developing and expanding its services. Spioncino reserves the right to include new services into a “Premium Membership” as well as not to offer certain offers included therein anymore or to possibly offer its complete services for free.

Spioncino reserves the right to lower the prices for a “Premium Membership” for a short time for promotional purposes. Users are immediately informed about these offers on the website of Spioncino.

Already paid “Premium Memberships” are untouched by these offers. If the sales campaign is still valid, the new fees are valid when the contract is renewed.

Users have no right to reclaim already paid fees for “Premium memberships” except for the case of a cancellation of the services.

Should you as a user not agree with these terms and conditions, we kindly ask you not to use the services provided by Spioncino OG.


10. Accessibility

Spioncino OG guarantees an accessibility of the services of 80%. Excluded thereof are the periods of time needed for maintenance work as well as deficiencies caused by force majeure which cannot be attributed to Spioncino OG.

 Spioncino disclaims any liability and furnishes no guarantee for the non-accessibility of the services and reserves the right to confine or stop the services completely for a short period of time should there be serious malfunctions concerning the safety (software, data) of the service.
You as a user explicitly comply with this.


11. Data protection and commercials

Spioncino OG uses and saves your data according to the Austrian ordinances concerning data protection. By accepting this licence agreement users agree with being contacted via e-mail about activities (messages, friendship requests etc.) on their profiles. Furthermore, they agree with being contacted via e-mail by Spioncino in the case of changes in the offered services as well as offers of new services.



12. System prerequisites

In order to be able to use the services of Spioncino entirely, current updated web browsers are needed which are equipped with different plug-ins (Flash, Java etc.).

Users are personally responsible for the optimization of their systems and the update to the newest available technology.


Spioncino OG declines any responsibility for problems resulting from obsolete plug-ins or browsers.

The plug-ins (Flash, Java) needed for frictionless uses of the services offered are not provided by Spioncino. For their installation no support or help is provided by Spioncino.


13. Intellectual right 

All the rights concerning the information users post (pictures, texts, designs etc.) remain theirs. However, as long as you use the services provided by Spioncino OG, you concede a limited sub-licence to Spioncino which can be terminated by you at any time, but gives you no right for any payments or other compensation. This sub-licence allows Spioncino to use your information (pictures, texts, designs etc.) to display, advertise and spread it on its website or elsewhere in public. If you decide to delete your account on Spioncino, the validity this sub-licence expires.


14. Copyright

All the services, logos, contents and designs offered by Spioncino are protected by copyright laws and licenses against any abuse. Spioncino is a protected label, any violation results in claims for indemnification.


Spioncino concedes its users a limited, non-exclusive and non-transferable licence to be able to resort to contents and services for exclusively personal and non-commercial purposes.


15. Severability clause

The contractual relation between Spioncino OG and users is based on Austrian law. The general contractual language is German. The location of the law court is Innsbruck.

Any claims resulting from these terms and conditions, no matter of which nature, are handled exclusively according to Austrian law with exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Should one of the clauses included in these terms and conditions become invalid or inexecutable, the parties have the duty to replace them with other executable clauses.


The newly appointed clause should be as close as possible to the replaced clause and its economic success so that it can be assumed that the parties would have agreed with the contract with this new clause already being a part thereof. This is also valid in case of a lack in the clauses.

The validity of this contract remains untouched otherwise and the validity of other parts thereof is not touched.

© 2013 Spioncino - All rights reserved