Terms & Conditions

§1 Preamble

Welcome to ximinds - the local picture app for experiencing things around you!

With ximinds - the app for pictures around you - you find the pictures in your neighbourhood and quickly know what is happening around you.

The company Ximinds GMBH in Austria – 8042 Graz – Messendorfberg 105 (hereinafter referred to as "Operator") operates websites (ximinds.com and other country specific top level domains such as .co.uk, .de, .at) and mobile apps (ximinds app for Android, ximinds app for iOS) (hereinafter collectively referred to as "ximinds" / "ximinds services"), under the name “ximinds”.

These terms and conditions (hereinafter referred to as "Terms") apply to the use of the ximinds services and additional services offered through the ximinds-Services. The Terms available at ximinds at the exact time of usage of the ximinds services will be applied. By using ximinds services the user accepts the Terms. If the user does not accept the Terms, the use of any ximinds services is prohibited.

The Terms are translated from the original German version. Please note that if the Terms are inconsistent with the terms and conditions in German, the German terms and conditions will prevail.

§ 2 Offered Services

ximinds is a platform where users can offer photos (hereinafter referred to as "Products"). This is permitted as long as the photos do not violate statutory prepositions, good morals and/or the Terms.

The ximinds app can be downloaded free of charge from the Google play store and the Apple app store. Additionally, ximinds webpages are offered (ximinds.com and other country specific top level domains such as .co.uk, .de, .at).

The use of the ximinds basic service version is free of charge. Depending on individual mobile phone rates, costs for data transfer may apply, which have to be carried by the user. Various additional features (“premium features”) are subject to charge and can be purchased exclusively through the Apple App Store or the Google Play Store. The respective prices are clearly displayed on the ximinds website and in the mobile application prior to the actual purchase. The Operator reserves the right to change these prices at any given time. Moreover, the Operator reserves the right to offer varying premium features in the Android App, the iOS App and the website, due to different stages of development.

The user agrees with his/her purchase of a premium-feature that ximinds immediately delivers the purchased service entirely following the conclusion of the corresponding contract.

The operator is not responsible for content generated by users. However, there is no right for publication of content. Participation on ximinds is not enforceable and can also not be compelled or required in any other form. The Operator reserves the right to deny the participation of ximinds temporarily or permanently even without further reasons. A new registration under a different name and/or other e-Mail address following having been blocked is not allowed. If a user has been blocked, he/she may contact the Operator via E-Mail to contact@ximinds.com and request for clarification regarding this matter.

§ 3 Contractual conditions

The Operator offers various paid premium features. These premium features represent offers made by the Operator in order to conclude a contract regarding the respective premium feature. Contracts for the use of paid premium conducted by the user’s acceptance of the respective offer.

The user is not entitled to download the displayed information on a computer or any other data medium. The repeated and systematic downloading of part of the displayed information, even of an insignificant nature and scope, is equivalent to downloading a substantial nature and scope or part of the displayed information. Moreover, the use of a computer program for the automatic read-out of data in particular, such as scraping, crawlers, spiders or bots is absolutely prohibited. Printing of the displayed information is only allowed for private purposes and only to an absolutely necessary extent. Any use of information for business purposes, in particular for commercial use, is forbidden.

The ximinds app is compatible with Android and iOS devices, although perfect performance cannot be guaranteed on every device as versions differ. Please note that additional terms and conditions by the Google play store and the Apple app store may apply.

§ 4 Eligibility, registration, and deletion of the account

Registration is free of charge for users. The use of the ximinds service is permitted for individuals over the age of 18 years. Furthermore, users between the age of 14 and 18 years should have the approval of the respective parent or legal guardian has been given.

Commercial use is strictly forbidden, with the exception of individual approval by the Operator. Examples include young designers, as the company likes to support local talent.

Individuals can make use of the ximinds services by registering via a Facebook-Account or Linkedin. By registering, the user confirms that he/she has reached the age of 18 years or is between the age of 14 and 18 years and has received approval for the unlimited use from their parent or legal guardian. The specified profile data must be correct, complete and must continuously be kept up-to-date. Multiple registrations are not permitted.

The users’ login credentials must be kept confidential. The user must take appropriate measures to prevent the unauthorized use of this data in order to access ximinds. In case third parties have had access to the login data, the Operator needs to be informed immediately or the access data must be changed immediately.

By registering, the user agrees to receiving the recurring ximinds newsletter and therefore receives information at regular intervals from ximinds. The user may unsubscribe from the newsletter, by simply disabling the subscription of the newsletter in the user profile or by directly clicking on the unsubscribe link in the newsletter.

Users can delete their user account at any time without giving reasons. Further information can be found in the Privacy Policy.

§ 5 Cancellation policy for consumers

The cancellation policy applies to consumers (as defined by law) who purchased premium features at the Operator, which are subject to charge.

Right to cancel premium features:

The consumer may withdraw from the contractual agreement of a purchased premium feature within a period of 14 calendar days, in writing (e.g. E-Mail, Fax, Letter) without giving reasons. The withdrawal period starts on the day of the conclusion of the contract. To comply with the cancellation period, it is sufficient to submit the cancellation within the due time. Cancellations must be sent to:

Ximinds GMBH
Messendorfberg 105
Austria – 8042 Graz –
E-Mail: contact@ximinds.com

However, at the time of the purchase of a premium feature the user agrees that the Operator immediately activates the premium feature before the withdrawal period expires. The user also agrees that with such activation the right of withdrawal is waived.

Obligations for the refund of payments must be fulfilled within 30 days.

If the user deletes the Product on which the premium feature was applied, the premium feature is considered to be fully consumed, even if the premium feature is time-dependent and the period has not expired (e.g. deleting a classified ad with a highlight-premium-feature or deleting a premium search agent).

§ 6 Posts by users, copyright of third parties

Each post must be created personally by the respective user.

It is strictly forbidden to publish illegal, obscene, offensive, discriminatory, vulgar, violence-glorifying, pornographic, adult content and/or any other content that infringes personal rights. Moreover, aspersions and insults of people and businesses are not permitted. In addition, the harassment through mass distribution of content or messages (spam), the systematic harassment of individual users, hacking in any form, i.e. electronic attacks of any kind on the ximinds service, the database and the network of the Operator or on individual users, as well as the spread of viruses etc. are strictly prohibited and are reported to the respective authority.. Violations lead to the deletion of the item or blocking of the user account. In addition, the Operator reserves the right to move,remove posts, disable or to delete user accounts.

With the publication of images, the user must ensure that copyrights are respected accordingly. This is done by ensuring that the user has all rights to publish and does not violate any rights whatsoever. Uploaded or embedded images/graphics cannot have watermarks or marks of other websites. The Operator reserves the right to limit the maximum size of images and to modify or remove images.

The user assures that he does not copy, paste, upload or integrate copyrighted content in any other form to the ximinds services. Exceptions are such contents that have been released for further use by the copyright holder.

The user may not use ximinds for the promotion of third-party products, the distribution, offering or sale of products, whose distribution, offering or sale is unlawful according to the local law or which are subject to selling restrictions (eg. as a result of regulations) as well as for the distribution, offering or sale of food or living creatures.

§ 7 Granting of rights and liability for users

By posting user contributions, the user grants and the user represents and warrants that he has the right to grant, to the Operator an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the content created by the user for any purpose, commercial, advertising, or otherwise, or in connection with ximinds or any other product or service of the Operator or the promotion thereof.

This includes the full and unrestricted online and offline use of such content. These rights remain indefinitely with the Operator, even if the user is no longer registered with ximinds.

Shall the Operator be held liable, due to a violation of the Terms or applicable law by the user, the user obliges himself to release the Operator from any legal consequences (e.g. claims of third parties). The indemnity includes but is not limited to payable fines, damages, as well as all costs of legal defence and legal representation.

§ 8 Liability

The Operator cannot be held liable for the correctness of the information or the images shown in the classified ads or the comments of the users or the contractual commitment of users or the flawlessness of the purchased item.

The Operator is not liable for any damage caused by errors, delays or interruptions in the transmission, malfunctions of the technical systems, loss or deletion of data, viruses or any other damage which can occur during the use of ximinds, unless they are caused intentionally or grossly negligently by the Operator or the damage concerns the injury of life, body or health. The Operator is liable only for the amount which corresponding with contract-typical foreseeable damages. There is no liability for loss of profits, savings, damage from claims of third parties, and for other direct and indirect consequential damage.

The foregoing limitations of liability include claims against employees or representatives of the Operator as well as the licensor of the Operator and its licensees. ximinds services might be subject to an underlying licensing agreement. The liability of the licensor is determined by the respective licensing agreement.

Moreover, the Operator is not liable for the content, accuracy, legality and functionality of third party internet pages, which reference from or to the platform of the Operator via a link.

The ximinds services are only accessible for the user with an active Internet connection. The Operator neither assumes responsibility that the ximinds services are continuously usable and/or accessible, nor is the Operator liable for technical transmission delays or failures. The Operator excludes any warranty for the functionality of the ximinds services. The Operator is not liable for the unauthorized knowledge attainment of personal user data by third parties such as hackers.

§ 9 Data protection

The protection of the personal data provided is very important to the Operator. Privacy rules, as specified in thePrivacy Policy, apply.

§ 10 Violations of the Terms

In case of violations of one or more of these provisions the Operator is entitled to temporarily or permanently, and notwithstanding of further legal steps against the affected user, block or delete his/her account, posts, classified ads and any other content provided by this user, and/or to partly or fully prevent the publication of articles and profiles of the user and/or to block his access to the ximinds services totally or in part. In case a user has been blocked, he can write to contact@ximinds.com and ask for clarifications regarding his restriction.

In case a user receives a definite block (restriction) from the ximinds services, all purchased premium features forfeit without compensation. For a temporary block the right to use the premium features will not be extended by the period of the exclusion. These services also forfeit without compensation.

If a temporary blocked classified ad will be blocked definitely, all premium features purchased and/or used for this ad will forfeit without compensation. For a temporary block of a classified ad the right to use the purchased and/or used premium features for this classified ad will not be extended by the period of the block. These services also forfeit without compensation.

The enforcement of any other claims, especially for damage compensation, remains expressly reserved for the Operator.

If users violate the rights of third parties or the Terms, we ask for notification with a brief description via E-Mail at contact@ximinds.com. Furthermore, it is possible to use the “report”-function on the respective Product.

§ 11 Amendment of the Terms

As soon as the Operator changes the Terms, the amended version together with the respective publication date will be published herein. An explicit reference to the change of the Terms will not be made. The Terms shall automatically be reviewed by the users periodically to check for changes. If the user does not agree with the changes he remains free to request the deletion of his account.

§ 12 Final provisions

The Terms shall be subject to Austrian law, excluding the UN Convention of International Sale of Goods and the reference norms (IPRG, EVÜ, etc.). The exclusive place of jurisdiction is the relevant court in Vienna, Austria.

With a view to reaching an out-of-court settlement between the Operator and the User, the User my contact the online platform provided by the EU. The so called ADR-platform is available here:http://ec.europa.eu/consumers/odr/. The Operator expressly points out that the sales contracts in regards of classified ads constitute contracts between the users. The Operator does not offer any items, does not submit any bids, does not receive any bids and does not accept any offers in regards of the items in the classified ads.

If individual stipulations of the Terms should be or become ineffective, invalid or unworkable, this shall not touch the legal effectiveness of the other stipulations of the Terms. In place of the ineffective, invalid or unworkable stipulation, a valid and workable regulation shall apply which approximates as closely as possible to that the contract partners would have economically intended if the contract partners would have pursued with the ineffective, invalid or unworkable stipulation. The above stipulations apply accordingly in the event that the contract is shown to be incomplete.

Terms and conditions version: 2016-03-19
Ximinds GmbH, Graz, Austria