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Standard terms and conditions

Date of last change: April 11, 2013

STANDARD TERMS AND CONDITIONS GOVERNING THE UTILISATION OF SERVICES AT WWW.WEBCAMS.TRAVEL (WCT)

1.

Applicability


1


The website of WCT is a portal which incorporates internet webcams or live cams worldwide by linking them up. These Standard Terms and Conditions (STC) govern the contractual relationship between OPAG, FL-Vaduz, as the operator of the portal www.webcams.travel (WCT), and the natural person and/or legal entity utilising services offered by OPAG either as applicants/operators of web/live cams ("operators") or as users ("users").


2


These Standard Terms and Conditions govern the use of the website www.webcams.travel as well as any subdomains ("WCT website") belonging to these domains. The STC apply also to any use of the WCT website or parts thereof via other websites which enable users to gain partial or full access to the WCT website.


3


OPAG shall perform its services exclusively according to the STC outlined below, which take precedence over any STC of an operator, a user or third party. By registering a webcam or using the services offered on a WCT website, you will be deemed to have accepted these STC.


4


OPAG expressly reserves the right to change, supplement and delete parts of the WCT web site or the entire online presence or to discontinue the circulation of content either temporarily or permanently without prior warning.



2.



Registration and notice of cancellation for web/live cams


5


Any natural person or legal entity may apply to OPAG to have their own web/live cam linked up to the WCT website. OPAG reserves the right to turn down any application at any time without giving reasons. The link-up of web/live cams is in principle free of charge. OPAG is moreover entitled to delete an existing entry at any time without adhering to a period of notice.


6


By registering, the applicant authorises OPAG to forward the pictures captured by the aforementioned web/live cam to other platforms for the purpose of marketing them or to use them for further services (e.g. postcards, MMS).


7


The operator of a web/live cam may break the link at any time without adhering to a period of notice. OPAG shall endeavour to comply with this request within a reasonable period of time, as a rule within about one week.



3.



Liability of the operator of a web or live cam in particular concerning the transmitted content


8


Upon registering the web/live cam, the operator of a web/live cam shall accept sole responsibility for the link-up and representation of the registered web/live cam and hence, in particular, also for the transmitted content. Furthermore, the applicant shall confirm that the webcam is configured in such a way as to render it impossible to recognise individuals (or objects which would help determine the identity of individuals). The applicant shall confirm that the webcam does not show immoral or illegitimate content, for example sexual content or nudity. The operator undertakes to comply with all legal requirements and guidelines and shall upon request hold OPAG entirely harmless from third party claims. In the event of legal action being taken against OPAG, legal responsibility will be passed on the operator of the web/live cam in question upon receipt of notice of a third-party claim. In addition, the operator shall in all cases bear any legal or out-of-court expenses, including court and lawyers’ fees incurred in connection with third-party claims.


9


In the event of complaints being received from users which imply that the operator of a web/live cam has acted unlawfully or immorally or has perpetrated a criminal act, OPAG will be entitled to delete the entry at its own discretion without adhering to a period of notice. OPAG reserves the right to report the matter to the competent authorities. Similarly, OPAG accepts no responsibility whatsoever for the content of the electronic postcards sent via the WCT platform.



4.



Intellectual property


10


The images and content placed on WCT websites by OPAG and made available to operators and users within the framework of these STC will be deemed the intellectual property of OPAG, provided that they are not the intellectual property of a third party and are as such legally protected. The layout of the WCT websites and these STC may be duplicated and/or used on other websites only with the prior written consent of OPAG.



5.



Links to other providers


11


Clicking on a link on a WCT website may result in your leaving the site. These linked sites of third-party providers, supplementary services or advertisements are not under the control of OPAG, and OPAG is not responsible for the content or services offered on these linked sites. The integration of such sites does not imply that OPAG is in cooperation with the providers of these sites.



6.



Data protection


12


OPAG adheres to data protection law and endeavours to treat all personal user data with due care. Data of individuals are recorded only where they are required for the services to be performed. The personal data recorded are as a matter of principle used only for the purpose of performing the desired service. OPAG endeavours to use appropriate technical and organisational measures to safeguard all recorded data relating to individuals against unauthorised processing. In the event of abuse or suspicion of a criminal act, OPAG will be entitled to evaluate the data and forward such data to the competent authorities upon demand.


13


Insofar as the user has the option within the framework of the services offered by OPAG to enter personal or business data (e-mail addresses, names, addresses), he does so entirely voluntarily and at his own risk.



7.



System integrity


14


Users and operators are not authorised to use mechanisms, software or other routines in connection with the use of the WCT website or the connection of a web/live cam which may disrupt or interfere with the WCT website. Neither users nor operators may undertake measures that may cause the WCT infrastructure to become overloaded. OPAG will in such cases be entitled to refuse operators and/or users access to the services. Moreover, operators and users will be liable in full for any damage resulting from this.



8.



Exemption from liability


15


The WCT website and all services (links to web/live cams) offered via the WCT website are made available without any guarantee whatsoever with regard to their availability and quality. In particular, OPAG cannot assume any responsibility for the accuracy, completeness or quality of the information provided; nor is it responsible for ensuring that the information is up to date. In particular, OPAG accepts no liability for any losses whatsoever resulting from delayed availability, faulty functionality or incorrect or incomplete information. OPAG accepts no liability whatsoever for indirect and consequential losses.


16


In all other cases, any liability of OPAG towards operators, users and third parties is limited to the statutory maximum limits.



9.



Final remarks


17


OPAG reserves the right to amend these STC at any time without specifying reasons. The modifications will come into effect as soon as they have been published on the WCT website.


18


In the event of a provision of these STC being or becoming invalid, this will not affect the remaining provisions. Instead, the invalid provision must be replaced by that provision whose purpose approximates as closely as is legally possible to that of the invalid provision. The same applies to any possible loopholes.


19


These STC and all agreements concluded with OPAG are governed by the law of the Principality of Liechtenstein. Any disputes arising under the terms hereof must be settled exclusively before a competent court of law in the Principality of Liechtenstein.






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