Legal notice

Terms of use

1. Scope

The following terms of use apply to business relationships between the user, on the one hand, and the service provider The Breed Archive (hereinafter abbreviated as "TBA" for "The Breed Archive"), on the other hand, and to the use of the "The Breed Archive" online platform and services (hereinafter: the Platform). The valid version of the terms of use at the time of use is applicable. Differing, conflicting or additional terms and conditions claimed or stipulated by the user are, even if known to TBA, not part of the contract, unless TBA has agreed to their validity in writing. TBA hereby explicitly refuses any recognition of any user’s own terms and conditions. In the event of modifications to these terms of use, TBA will inform users accordingly. Users who, after being informed, continue the use will be deemed to have accepted the modifications to the terms of use.

2. Party to the contract

Responsible for the platform is The Breed Archive with its seat in Vienna and its business address at Kegelgasse 30/17, 1030 Vienna, Austria.

3. Services

With "The Breed Archive", TBA provides its users with a platform for the recall of information about available animal breeds. The goal of TBA is to provide the user with as comprehensive an overview as possible of his/her own animal and its ancestors. It is TBA’s aim to give breeders the opportunity to plan future litters and generations.

The information available through the platform is provided by the users. TBA merely plays a purely technical role as disseminator/host, with no influence over the content delivered by users, and neither monitors nor checks information for correctness. Each user is responsible for the content he or she provides to the platform. Liability on the part of TBA arises, pursuant to § 16 para 1 ECG of Austrian Law, only if it fails to block or remove any illegal content promptly after coming into possession of knowledge that said content is illegal. Users who identify content that in their view violates their own or third parties’ rights should report it to contact@breedarchive.com or via the contact possibilities of the platform.

Only personal use of the platform is permitted; the use of automated access tools (such as bots, crawlers, spiders, etc.) is prohibited. In particular, the user is not entitled to use the platform or its channels for the following:

• downloading or copying of the entire database or essential parts
• sale of data
• advertising or marketing
• sale of goods or services
• conducting prize competitions or lotteries

Use of the platform requires compliance with the law and observance of the rights of third parties. Therefore, the user must refrain from using the platform in any of the following ways:

• providing a false identity
• demanding money
• stalking or otherwise behaving in ways deleterious to the lives of others
• committing unlawful acts
• transmitting malicious or harmful content
• concealment of advertising campaigns
• using automated systems
• for commercial purposes, or
• for medical or psychological counselling (treatment).

4. Ownership of the platform

The platform (including its contents) is, in its entirety and in its parts, the property of TBA and is protected by copyright.

5. Principle of free-of-charge access

The use of the platform – unless otherwise indicated – is free of charge. No legal right for future usage may be inferred or derived by the user from this free-of-charge provision of the platform. TBA reserves the right at any time to discontinue or reduce the scope of the platform, to introduce a fee for its use, or to suspend a user without giving reasons.

6. Registration

Certain functionalities of the platform require users to register. By registering, the user makes a binding contract for registered use, which is deemed accepted by TBA upon activation. When registering, the user is obliged to disclose the requested information, in particular, his or her full name and e-mail address, and accepts the terms of use in their current version. The user undertakes to keep his or her personal registration data up to date.

TBA is entitled to refuse a user’s activation without giving reasons.

In order to avoid misuse of a user’s account, the user is obliged to keep the account password secret and to protect it from unauthorised third parties. The user is not authorised to allow any third party, whether partially or completely, to use his or her account. The user shall inform TBA without delay if the user becomes aware of any irregularities with respect to his or her account. TBA will never ask the user to reveal or transmit his or her password except when entering it to log on to the platform.

7. Payable services

In the case where there is a charge for specific services and functions of the platform, the price (including all taxes and duties) and the conditions are published on the platform. Billing takes place by means of the payment method(s) stipulated by TBA or through TBA’s payment provider. All charges are payable immediately.

Unless specified otherwise, the price shown is for usage per year and includes taxes and duties. In the case of payment of an annual fee, the due date, unless otherwise agreed upon, is the date the contract is concluded. The activation for using chargeable services takes place upon receipt or confirmation of the payment. The contract for the use of payable services takes effect upon activation.

8. Cancellation policy

In so far as he or she is a consumer in the sense of the Austrian Consumer Protection Act or of the FAGG (Austrian law on conducting business online or similar), the user is entitled – pursuant to § 3 Consumer Protection Act and § 4 sub-paragraph 1 No. 8 FAGG – to revoke his or her agreement to any order placed remotely from or outside TBA’s business premises or (after acceptance – i.e. activation – by TBA) to withdraw from the contract in accordance with the declaration of withdrawal below.

Cancellation deadline: withdrawal must be exercised within 14 days after the adoption (= activation).
Legal notice on cancellation: In accordance with § 3 Consumer Protection Act and § 4 sub-paragraph 1 No. 8 FAGG, TBA informs users about their following statutory right of withdrawal:

WITHDRAWAL

You have the right to cancel this contract within fourteen days without giving a reason. The fourteen-day withdrawal period shall begin upon conclusion of the contract (activation).

To exercise this right, you must inform us, The Breed Archive with its seat in Vienna and its business address at Kegelgasse 30/17, 1030 Vienna, contact@breedarchive.com, by means of a clear declaration (e.g. sent by registered mail, fax or e-mail) of your decision to withdraw from the contract.

You can submit a clear declaration of withdraw electronically via the platform using the contact form. If you make use of this means, we will immediately provide you with (e.g. via e-mail) an acknowledgment of receipt of such a withdrawal.

To meet the time limit for withdrawal, it is sufficient to send your communication concerning the exercise of this right before the expiration date of the withdrawal period.

CONSEQUENCES OF CANCELLATION

If you withdraw from this contract, TBA will repay all payments that it has received from you, without delay, i.e. at the latest within fourteen days from the date upon which TBA received the contract cancellation notification. For this repayment, TBA will use the same method of payment that you used in the original transaction, unless you have expressly agreed otherwise; you will not under any circumstances be charged any fees for this repayment.

Upon cancellation of the contract, all functions and rights of the platform associated with the contract will be cancelled and reversed.

9. Duration / Termination

Free-of-charge use: The use of free-of-charge services is agreed for an indefinite period. Any contract for use based on free-of-charge use for an unlimited duration may be terminated by either party at fourteen days’ notice. No legal right for future usage may be inferred or derived by the user from the free-of-charge provision of services. TBA reserves the right to revoke such a free subscription at any time.
Paid use: The right to paid use is concluded for a period of one (1) year. Before expiry of the limited-term contract period, the user will be advised of the possibility of an extension. The contract will not be renewed automatically. TBA reserves the right to terminate limited-term use with a notice period of 14 days against repayment pro rata of the usage fee.

After termination of the contract TBA is entitled to delete the user’s account and the user’s content immediately (as a whole and in parts).

10. Availability

TBA performs all services in accordance with the existing technical, economic, operational and organisational possibilities. TBA therefore provides no warranty for any interruptions, failures, delays, deletions, transmission errors or memory failure in connection with the use of the platform. The user acknowledges that the platform offered by TBA also rely upon third-party network providers. The availability of the platform is therefore dependent on the technical provision of other services, over which TBA has no influence.

TBA assumes no obligation to keep the services offered interruption-free and available online at all times. TBA is entitled to interrupt services for internal reasons, such as maintenance, for a reasonable time. The user can derive no claims from this; in return, TBA will endeavour to resolve all interruptions as rapidly as possible.

11. Warranty

TBA provides warranty solely for payable use under the provisions of §§ 922 ff ABGB in Austrian law.

12. Liability

The liability of TBA and its officers, employees, contractors or other agents ("people") is in principle limited to intent or gross negligence; liability for slight negligence is excluded. This disclaimer does not apply to personal injury or damage to property TBA has taken possession of for processing. Insofar as the liability of TBA is excluded or limited, this also applies to the personal liability of its "people".

13. Prize competitions

The following contest rules apply to prize competitions organised by TBA on its platform:

Employees and agents of TBA and the companies involved in the competition are not eligible. TBA reserves the right to exclude participants from the draw should they attempt to influence the draw unfairly. The winners will be determined after completion of the competition and will be notified by e-mail. The prize is not transferable to third parties. There can be no cash payment of the prize and there is no recourse to legal action; the participant bears all responsibility for any applicable taxes.

14. Uploaded or transmitted content

TBA provides options via its platform for users to upload available content, such as photos, texts, graphics, videos, etc. ("content"), and in doing so publish it in forums of interested users or transmit it to another user. Each user is responsible for the content he or she provides. TBA has the role of a purely technical provider/host; it has no influence on the content of users submit and does not supervise them. Liability on the part of TBA arises, pursuant to § 16 para 1 ECG of Austrian Law, only if it fails to block or remove any illegal content promptly after coming into possession of knowledge that said content is illegal. Users who identify content that in their view violates their own or third parties’ rights should report it to contact@breedarchive.com or via the contact possibilities of the platform.

The user grants TBA, for the duration of the applicable term of protection, geographically and substantively unlimited, transferable, non-exclusive exploitation, use and processing rights to the content posted by the user (but not to the content of direct communications between users!), in particular for purposes of data recall, publication and distribution via the platform. TBA is not obliged to keep the information available. TBA may at any time reject content provided by the user, publish it at another location, shorten it, or delete it.

The user expressly guarantees TBA not to upload any content the publication or use of which would violate applicable law or the rights of a third party (in particular copyright and personal rights). The uploading of content that is racist, pornographic, inhuman, insulting or contrary to common decency is strictly prohibited.

If a third party claims plausibly to have been injured by said content, then TBA is entitled, but not obliged, to provide the stored user contact information to the third party.

15. Links and cookies

In so far as TBA provides links to allow access to online services of third parties, TBA is not responsible for the external content contained therein. TBA does not adopt the linked contents as its own. If links refer to illegal content, please report it to contact@breedarchive.com or via the contact possibilities on the platform.

TBA uses "cookies" on its platform which are text files that are sent to the user's device when the user is online, and then stored. These cookies enable TBA to recognise the user on a subsequent visit to the platform. TBA can analyse usage behaviour, recognise the user as a "returning visitor" (or "unique client"), and control advertising. Cookies from third parties are also used when the user visits the platform. TBA thus uses cookies from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google") for the targeted insertion of advertising content through the Adsense service. If the user wishes to prevent the use of cookies, he or she can configure his/her internet browser accordingly. Through his or her use of the platform, the user expressly gives consent to the use of cookies by TBA and third parties.

16. Data protection

16.1 Registration

When registering on the platform, the user will be asked to provide some personal information and has the option of entering data suitable for communication between TBA and the user and other users. This includes, in particular, the first and last name of the user and the user’s e-mail address.

16.2. On-going use

As part of the on-going use of the platform, the user can enter further data, such as a photo of the user, address information, and other personal information. In addition, the following data is also routinely stored: web log (including anonymised IP address, time of use), and geodata.

16.3. Agreement

The user expressly agrees that TBA may process the above-defined personal data for the purpose of providing access to contractual services and analysing user behaviour.

16.4. Withdrawal

TBA expressly informs users that they may revoke their respective data protection declaration of consent at any time, by writing to The Breed Archive with its seat in Vienna and its business address at Kegelgasse 30/17, 1030 Vienna, contact@breedarchive.com. The cancellation prohibits the further use by TBA of the personal data concerned. To avoid misunderstandings, TBA notifies the user that in this case, TBA remains entitled to continue using the data to the extent required in the fulfilment of its contractual obligations (§ 8 para 3 Z 4 DSG 2000 Austrian law).

16.5. Matomo Open Analytics Platform

The platform uses the open source web analytics tool Matomo (also see https://matomo.org/). Matomo uses cookies. The information generated by using the cookies is transmitted exclusively to the self-managed TBA server based in Germany and stored there. Prior to transmission, the last six digits of the IP address are removed, thereby anonymising it. TBA is consequently unable to attribute data to any specific user on the basis of the transmitted IP information alone. TBA will use the information generated by cookies to analyse the usage of the platform by the user, to compile reports on activities and to provide further services associated with the use of the platform. The information will not be disclosed to third parties. The anonymised IP address transmitted by the user's browser will not be merged with other data of TBA. By using this platform, the user consents to TBA’s processing of data about him or her in the manner described above and for the purposes set out above.

17. Miscellaneous

17.1. If any provision of this contract should be wholly or partially invalid, or should there be a gap in the contract, this shall not affect the validity of the remaining provisions.

17.2. Changes and additions to the contract must be in writing. This also applies to a waiver of the written form requirement. Declarations by e-mail, fax or via the query form are deemed to fulfil this requirement.

17.3. To the extent that natural persons are referred to only in the masculine form in this agreement, they relate to both women and men equally. When applying the label to specific individuals, the respective gender-specific form shall be used.

17.4. TBA is entitled to transfer this contractual agreement to a third party company; in this case, the third party company is obliged to fulfil the contract in the place of TBA.

18. Applicable Law/Jurisdiction/Place of Performance

18.1. This contractual relationship is subject to the substantive laws of the Republic of Austria under exclusion of the regulations regarding the conflict of laws (IPRG).

18.2. All contractual disputes arising directly or indirectly from this agreement shall be handled by the local and competent Austrian court in 1030 Vienna. If the user is a customer/consumer, this place of jurisdiction shall be considered as agreed only if his or her domicile, habitual residence or place of business is in this court district or if he or she lives abroad.

18.3. It is in any event agreed that legal jurisdiction is in Austria.

18.4. The place of performance of the contractual services is in 1030 Vienna.