General Terms of Business (GTB)

1. APPLICATION OF THESE GENERAL TERMS OF BUSINESS



ChromoSoft provides you with the offered Services on the basis of the following General Terms of Business. Furthermore, if certain ChromoSoft Services are used, special conditions that apply to the service in question might take effect. You will be notified of this, if necessary, before you use the service concerned. By using the Services of ChromoSoft, you acknowledge the application of these GTB. If you do not wish to be bound by these GTB, you may not use ChromoSoft Services!

2. SERVICE DESCRIPTION

ChromoSoft currently grants its users access to a variety of online resources via the ChromoSoft network, including numerous communication media, Services, and personalised content. Unless otherwise expressly indicated, all new offers that expand or improve the current Services, including the offer of new Services, are subject exclusively to the provisions of these GTB. The Services will be offered in the form that ChromoSoft deems appropriate and are subject to availability. ChromoSoft assumes no responsibility for any delay, deletion, transmission error or memory failure during communication between users or in connection with personalised areas. 

To use the Services, you must ensure access to the World Wide Web and all technical equipment needed to that end – by using a computer and a modem or other technical device, for example – and bear the associated fees incurred. ChromoSoft is currently optimised for the current versions of the browsers Google Chrome, Safari and Firefox. These browsers are a further prerequisite for using ChromoSoft.

Before the system is used, the appropriate basic configuration must be installed [a more detailed service description is available in the Price List]. A separate basic configuration is required for each association or group of breeders. An “association” or “group of breeders” means an alliance of breeders of one race in one country (although such a group may also be internationally active and have active members and users abroad). 

Generally speaking, no provisions have been made for cost-free support, training, lectures or the like.


3. OBLIGATION TO REGISTER



To use the Services, you agree to (a) provide personal information that is truthful, precise, up to date and complete (“Registration Data”), as specified in the registration form, and (b) update those data as needed to keep them truthful, precise, up to date and complete. If you provide information that is false, imprecise, outdated or incomplete, or if ChromoSoft justifiably suspects that this is the case, ChromoSoft may delete your user account (“Account”) temporarily or permanently and exclude you from using some or all Services in the present and in the future. 

4. DATA PROTECTION

Your Registration Data and certain other personal data concerning you are subject to our Privacy Policy. 

5. ACCOUNT, PASSWORD AND SECURITY



Your Account will be set up and activated after you have registered and your data has been reviewed, or after the costs incurred for your configuration have been received. You must prevent third parties from gaining access to your password and Account; if they are used to perform any activities, you will be fully responsible for those activities. You must inform ChromoSoft without undue delay whenever your password or Account are misused or any other security regulations are breached. You must also ensure that you exit your Account after each use. ChromoSoft will not accept liability for any loss or damage caused by noncompliance with the obligations in this Section 5.

6. ASSIGNING USE TO THIRD PARTIES OR MINORS



You acknowledge that the holder of an Account is fully responsible for all activities performed from that Account. If you have given anyone else (such as a minor) permission to use your Account, you acknowledge that you will be fully responsible for (i) their online behaviour, (ii) monitoring their access and use of the Services and (iii) the consequences of any misuse.  

7. MEMBER DUTIES AND RESPONSIBILITIES



The sole responsibility for all information, data, texts, software, music, sounds, photos, graphics, videos, messages or other materials (“Content”) that are published for general use or transmitted privately lies with the person from whom such Content originates. This means that you – not ChromoSoft – are fully responsible for any Content that you upload, publish, email or otherwise forward within the scope of the Services. ChromoSoft does not generally monitor the Content that you forward via the Services, and therefore makes no guarantee that it is correct, appropriate or of a certain quality. You are aware that, by using the Services, you may become exposed to Content that is insulting, offensive or otherwise objectionable. 

ChromoSoft will not be liable for Content, especially if it is erroneous, inaccurate or incomplete, or for any loss or damage caused by using Content that is published, emailed, or otherwise transmitted within the scope of the Services.

When using the Services, you may not


a. publish data, texts, images, files, links, software or other Content that ChromoSoft deems unlawful, damaging, threatening, abusive, harassing, slanderous, vulgar, obscene, hateful, racist or otherwise objectionable;


b. damage children;


c. impersonate someone else in the Services, such as a representative of ChromoSoft or someone otherwise responsible for the service, or pretend to have a relationship to such people that you do not;


d. forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted within the scope of these Services;


e. enter, publish, email or otherwise transmit content that you are not authorised to pass on (due to nondisclosure obligations or the like, for example);


f. enter, publish, email or otherwise transmit content that breaches third-party rights, especially patents, brands, copyrights, business secrecy or other proprietary rights;


g. enter, publish, email or otherwise transmit unsolicited ads, promotional material, junk mail, mass emails, spam, chain letters, snowball systems or other advertisements, except for areas intended for such use;


h. enter, publish, email or otherwise transmit material that contains software viruses or other information, files or programmes intended or suitable to interrupt, destroy or restrict the functions of computer soft- or hardware or other telecommunication equipment;


i. disturb the technical processes of the Services or interrupt the normal course of a communication (by allowing the screen to pass by faster (“scrolling”) than other users of the service can enter Content, for example), or otherwise impair other users’ opportunities to communicate in real time;


j. interfere with or interrupt  the Services or servers (or networks associated with the servers) or fail to comply with regulations, procedures or other rules of networks connected with the Services;


k. harass, threaten, slander, cause distress for, embarrass, or otherwise inconvenience anyone, be it a natural person, group of people, or a legal entity;


m. collect or store data about other users.

ChromoSoft does not generally inspect or monitor Content, but does reserve the right to reject Content made available through the Services or publish it in another location within the Services. ChromoSoft is not obligated to do so, however. This especially applies to Content that breaches these GTB or is otherwise objectionable. You alone must evaluate and bear the risks associated with using the Content, including the risks incurred by trusting it to be correct, complete, or usable for your purposes. To that extent, you acknowledge that you cannot rely on Content created by ChromoSoft or provided to them by third parties – especially the Content in forums, communities or other areas of the Services. 

ChromoSoft may store Content and forward it to third parties if this is prescribed by law, or is necessary and legally permissible in ChromoSoft’s professional judgement, to (a) comply with statutory provisions, court orders or governmental ordinances, (b) enforce these GTB, (c) react to a claim of legal infringement asserted by a third party, or (d) protect the rights, property or personal security of ChromoSoft, its users, or the public.

Please be aware that the technical processing and transmission of the Services, including the Content you have entered, might make it necessary to (a) make transmissions via various networks or (b) make changes to meet the technical requirements of associated networks or other technical systems, or to do both. 

8. SPECIAL INSTRUCTIONS FOR INTERNATIONAL USE



Considering the universality of the internet, you must comply with all applicable national and international (EU) regulations regarding online behaviour and the lawfulness and reasonableness of Content. In particular, you agree to comply with all applicable national laws governing the export of technical data.

9. RIGHTS TO PUBLISHED CONTENT

(a) For the purposes of these GTB, “publicly accessible areas” means any Services that are accessible to the general public. For example, data and Content that can be published with the help of the ChromoSoft homepage module are considered publicly accessible areas.

(b) Regarding all other Content that you hand over for publication in a publicly accessible area of the service, you grant ChromoSoft the permanent, irrevocable, nonexclusive right to use, duplicate, modify, adapt, publish, translate, revise, disseminate, present or display any or all of this Content free of charge worldwide, grant sublicenses to it, or take it over in any form into other works, media or technologies, regardless of whether they are presently known or are developed later, during the entire period of the existing rights to the Content.

(c) If you do not hold the rights to Content you have entered, you ensure that the owner of that Content has agreed to transfer the rights in accordance with the preceding regulations. 

10. HOLD-HARMLESS AGREEMENT

You hereby agree to indemnify and hold harmless ChromoSoft and its affiliated companies, branches, senior executives, authorised agents, co-branders or other business partners and salaried employees from any demands or claims asserted by third parties due to or in connection with Content that you have entered, published or transmitted within the scope of the Services, or due to your use of the Services, your connection to the Services, or because you have breached these GTB or third-party rights. This also applies to reasonable fees for attorneys.

11. NO COMMERCIAL USE OF THE SERVICES

You may not copy, duplicate, imitate, sell, resell or use for commercial purposes the Services, the use or parts thereof, or access thereto, unless ChromoSoft has given you their express consent to do so. 

12. GENERAL RULES FOR USE AND STORAGE

You acknowledge that ChromoSoft may set rules and restrictions regarding the use of the Services, especially regarding (a) the maximum number of days during which email messages, publications on message boards or other Content that has been entered may remain in the Services, (b) the maximum number of email messages that may be sent from or received by any one account in the Services, (c) the maximum size of an email message that any one account may send or receive, (d) the maximum size of hard drive memory in the ChromoSoft servers that can be granted to you and (e) the maximum number of times you may visit the Services within a certain period (and how long such visits may last).

You agree that ChromoSoft will assume no responsibility or liability if any data from messages, communications, or other Content that is entered and transmitted within the scope of the Services, are deleted or not stored. You agree that ChromoSoft reserves the right to delete Accounts that have remained unused for a long time. You also agree that ChromoSoft reserves the right to change such general rules and restrictions at any time at its discretion, with or without informing the users. That said, ChromoSoft will always make every effort to inform users before it makes any changes to the system giving reasonable notice of said change. 


13. ALTERATION OF SERVICES

ChromoSoft reserves the right to alter, interrupt or discontinue some or all Services at any time, temporarily or permanently, with or without notifying the user. You agree that ChromoSoft will not be liable towards you or any third party for altering, interrupting or discontinuing some or all Services. However, ChromoSoft will always make every effort to inform users before interruptions to the system giving reasonable notice of said change. Bona fides users (precisely: Association Registry Officer(s) or a contracting authority) of ChromoSoft always retain ownership of their data and can extract their data by theirselves as long as the services are available or request an extract of their data if for any reason ChromoSoft services become no longer available.


14. ENDING; TERMINATION

Your registration and Account will each exist for one calendar year after your registration with ChromoSoft, and after payment is received. You may terminate and delete your Account three months before any calendar year expires. ChromoSoft will then delete the stored data. You agree that ChromoSoft may terminate your user password, your Account (or parts thereof), or any other use of the Services by you, and delete any Content, at its discretion and for any reason. This especially applies if you have not used the Services for a long time or if ChromoSoft assumes that you have breached these GTB or failed to comply with their essential basic principles. You agree that, under this agreement, your access to the Services can be interrupted without prior notice, and that ChromoSoft may shut down or delete your Account and all related information and files immediately, or forbid any further access to such files or to the Services. There are no “residual credits”, so no “remaining time” will be refunded. You furthermore agree that ChromoSoft cannot be made liable to you or any third parties for the ending of the access to the Services.

If your Account is deleted, you cannot regain access to the Services without the prior written consent of ChromoSoft. Neither may you help a user whose Account has been deleted to gain access to the Services, including through your Account or with the help of your Account. 

15. TRANSACTIONS WITH THIRD PARTIES; ADVERTISEMENTS

Your communication or business relationships with commercial  providers or other third parties of whom you become aware or who are referred to you within the scope of the Services, especially the payment and delivery of goods or Services and any contractual regulations, guarantees or assurances in connection with such transactions, must occur exclusively within the relationship between you and such a third party. ChromoSoft is neither responsible nor liable for any loss or damage from such transactions or from the presence of such providers in the Services.

16. LINKS

ChromoSoft or third parties may create links to other websites ("Sites") or sources. Since ChromoSoft has no way of monitoring such external sites or sources, ChromoSoft is not responsible or liable for their availability, does not appropriate Content that is accessible on or through such sites or sources, and excludes any liability or warranty in this regard. Therefore, ChromoSoft cannot be made directly or indirectly responsible for damages or loss that arises or has arisen in connection with the use of Content, or in reliance on such Content, or due to goods or Services purchased through such external sites or sources.

17. PROTECTIVE RIGHTS

You acknowledge that the Services and necessary software used in connection with the Services (“Software”) are objects of protective rights and contain confidential information that is protected by legal regulations, especially those for protecting intellectual property. You also acknowledge that Content in sponsors’ advertisements and information that you receive through the Services or through advertisers is protected through copyrights, brands, patents or other protective rights or laws. You may not fully or partially alter, rent, lease, loan, sell, distribute or reconfigure works based on the Services or software unless ChromoSoft or the advertisers concerned have agreed in writing.

ChromoSoft grants you a personal, nontransferable, nonexclusive right to use the object code of ChromoSoft software on an individual computer (precisely: a personal access per user possibly used on different devices of this user), as long as you do not copy, alter or  disassemble the software, produce any works derived from it, or otherwise attempt to find out the source code, do not sell, assign, sublicense in this regard or transfer any rights to the software or encumber them with rights, or allow third parties to do the same. You may not alter the software or use altered versions thereof, especially not to gain unauthorised access to the Services. You may not access the Services in any way other than through the interface that ChromoSoft provided to you.

18. EXCLUSION OF WARRANTY

a. Any use of the Services will be at your own risk. The Services will be offered in the form that ChromoSoft deems appropriate and are subject to availability.

b. ChromoSoft does not guarantee that the Services will meet your requirements or be available at any time without interruption, punctually, safe or free from errors. ChromoSoft assumes no liability regarding the results that can be achieved by using the Services, the correctness or reliability of the information obtained within the scope of the Services, or that the quality of the goods, services or information obtained in connection with the Services will meet your expectations. Neither does ChromoSoft guarantee that the hard- and software used for the Services will function at all times without errors, or that any faults in the hard- or software will be cured.

c. If you download or otherwise receive Content in connection with the Services, you do so at your own risk and will be solely responsible for any damages to your computer system (or other technical devices you use), for the loss of data, or for other damages due to the downloading of Content or other transactions in connection with the Services.

d. Advice or information you receive within the scope of the Services, whether written or oral, will establish no guarantee by ChromoSoft unless such a guarantee is expressly agreed.

19. LIMITATION OF LIABILITY 

ChromoSoft will not be liable for the behaviour of users or other third parties, or for Content or declarations that are passed on by users or other third parties within the scope of the Services. Neither will ChromoSoft be liable for damages caused by using (or the impossibility of using) the Services. In particular, ChromoSoft will not be liable for costs of a replacement procurement, or for costs arising in connection with any acquired goods or services, received messages, or other transactions, or from the forbidden access of the Services, a change of your entry or data, or otherwise in connection with the Services. ChromoSoft will not be liable toward you or anyone else for damages arising from the interruption, temporary suspension, or end of the Services. We expressly point out that the Services might contain Content that is inappropriate for children or otherwise objectionable. ChromoSoft will not be liable for damages arising from the access of such Content or other Content (cf. also Section 6 above). 

In any case, if ChromoSoft must be liable on legal grounds despite the preceding regulations, such liability will be limited to damages caused by intentional or grossly negligent behaviour or based on the breach of a principal obligation that is essential to the contractual relationship. For damages based on a negligent breach of non-material contract obligations or of obligations within the scope of the contract negotiations, the liability for indirect damages and atypical consequential damage will be excluded and otherwise limited in amount to average damages typical of this type of contract. Any compulsory liability in accordance with the Product Liability Act will remain unaffected.

20. COMPANIES

The above warranty and liability restriction also apply to the benefit of companies affiliated with ChromoSoft, and for their employees and agents.

21. CUTOFF PERIOD

Without prejudice to any shorter statutory deadline, any claims arising from or in connection with the use of the Services or these usage conditions must be asserted in court within one (1) year after they originate, or they will be forever excluded.

22. SPECIAL NOTE FOR FINANCIAL SERVICES

If you intend to establish or accede to a service through which you receive or may request news, notifications, warnings or other information about companies, stock prices, capital investments or securities, please read through the preceding Sections 18 to 21 carefully once more. They are especially important within this context. The principle “investor beware” especially applies to this type of information. The Services are offered exclusively for entertainment purposes, and no Content or materials in the Services are intended for commercial or investment purposes. ChromoSoft is not responsible for the accuracy, usability or availability of any information conveyed through the Services, and excludes any liability to that end. ChromoSoft cannot be made responsible for trading or investment decisions made on the basis of such information.

23. NOTIFICATIONS

Notifications to you can be transmitted either by email or by post. You can also be informed about changes to these GTB or other matters through notices or links published in the appropriate Services. 

24. BRANDS

ChromoSoft, the ChromoSoft logo, and other brand and service designations are copyrighted. You may not publish or otherwise use the ChromoSoft brands without ChromoSoft's prior consent.

25. COPYRIGHTS

ChromoSoft respects the intellectual property of third parties and requires its users to do the same. If you believe that your work has been copied in a manner constituting copyright infringement, please provide the following to the person at ChromoSoft in charge of copyright matters:

a. an electronic or handwritten signature of the person who is authorised to act for the rights owner;


b. a description of the copyright-protected work whose copyright you believe was breached;


c. a description of where the material is located that you believe breaches a copyright;


d. your address, telephone number and email address;


e. a statement from you that, to the best of your knowledge and belief, the contested use was not permitted by the holder of the copyright, through their authorised representative, or through legal provisions;


f. an affirmation in lieu of an oath, given by you, that the above information is truthful and that you are the holder of the copyrights or have been authorised to act on that party’s behalf.


Postal address:

Chromosoft.com
Ober Sankt Thomas 29
A-4364 St. Thomas

E-Mail: office@chromosoft.com

26. AMENDMENTS TO THESE GTB 

ChromoSoft reserves the right to amend these GTB for the future. You will receive separate notification about any amendments to these GTB. The amended GTB will first apply when you use the Services of ChromoSoft again after receiving that notification. 

27. GENERAL PROVISIONS

a. A relinquishment by ChromoSoft to assert or enforce a right or provision under these GTB will not constitute a waiver of that right or provision.



b. Please note that additional conditions might apply if you use associated Services, third-party Content or third-party software. 

28. APPLICABLE LAW AND VENUE

These GTB and the use of the Services are subject to Austrian law.

Any disputes arising from or in connection with the use of the  Services, these GTB or both will be settled exclusively by the courts in Perg, provided you are a businessperson or have no permanent residence in Austria, have relocated your residence or usual abode outside Austria after these GTB take effect, or if your residence or usual abode is unknown when the action is filed.

29. WHAT TO DO IF THESE GTB ARE BREACHED

Please inform us about any breaches of these GTB. If you determine that Content of the Services breach these GTB, please email us the data to identify the person who is not following the rules, along with the Content in question which you have cut and pasted to the email for this purpose, to  office@chromosoft.com.com. However, ChromoSoft does not guarantee that any measures will be taken because of your message.


30. SEVERABILITY CLAUSE

Finding one or more items of these GTB to be invalid for any reason will not invalidate any other items.

 

Latest update: 2019-06-06


Thank you very much for your interest in ChromoSoft!

If you have questions or comments, please contact us.