I. Object of Agreement, Changes
(1) Reactive Reality GmbH, Stremayrgasse 16, 8010 Graz, Austria (hereinafter referred to as “Reactive Reality”) relies on the app stores of different producers to provide a type of software called Pictofit for downloading. Pictofit enables users to apply either virtual models or pictures of themselves to virtually trying on items of clothing presented on pictures (either from the web or self-made). This virtual trial fitting is no substitute for actual trial fitting, however; in particular, users still have to rely on their own judgment to choose proper fit and size. Furthermore, Reactive Reality operates www.pictofit.com as a website. The website and the Pictofit app constitute a platform (hereinafter referred to as “Platform”) for duly registered users to contact or communicate with each other. Users can further use this platform to create individual personal profiles, to access the individual contents available on the platform and to utilize any other individual services currently available as part of the platform. Detailed information about said services is provided in Description of Services, Sec. 8.
II. Registration for Use,
Use of Access Data, Termination of Use
Sec. 3 Login Authorization
(1) Any use of the services available on the Platform requires your due registration as User. There is no entitlement to the use of said services. Reactive Reality reserves the right to reject user registration applications without specifying any reasons.
(2) You may only register if you are of full age and of unlimited legal capacity. By registering, you confirm that you are of full age.
Sec. 4 Your Registration as User of the Platform
(1) Registration as User of the Pictofit Platform of Reactive Reality is free. Please remember: In as far as any request for access is made for a purpose that is neither commercial nor attributable to your independent professional occupation, you are entitled to the legal right of cancelation.
CANCELATION POLICY FOR CONSUMERS
Regarding any registrations(s) as User of the platform for a purpose or purposes neither commercial nor attributable to a User’s independent professional occupation, said User, in his or her role as consumer, is entitled to the following legal provisions pursuant to Sec. 1 of the Consumer Protection Act (KschG) under Austrian law:
Right to Cancel. Users may cancel an agreement concluded in writing, e.g., by mail, fax or e-mail, without specifying any reasons within a period of 14 days from (i) the day the agreement was concluded, or, (ii) in the case of agreements involving the delivery of ordered goods, the day of consumer’s receipt of ordered goods. Please submit any cancelations to:
Reactive Reality GmbH
8010 Graz, Austria
Consequences of Cancelation. In case of effective cancelation, any services received by either party to the agreement shall be returned und any benefits derived thereof (e.g., interest) shall be surrendered. Should the User prove unable to return any services received either wholly or partially, said User shall compensate Reactive Reality for any value lost, where appropriate, including any payment obligations said User may be required to fulfill under the terms of the agreement between the time period in question and the time of cancelation of said agreement. Any obligations for the reimbursement of payments shall be made within a period 30 days. For the User, said period shall commence on the day of his or her notice of cancelation; for Reactive Reality, said period shall commence on the day of receipt thereof.
(2) During the registration process, you are required to enter all contact information queried by Reactive Reality fully and correctly.
(4) Alternatively, users may register by using the same registration data they use for their social networks, in particularly Facebook, Instagram, Whatsapp, Pinterest, etc. Currently, this alternative is possible using facebook.com. In each case, registering by using the registration data from a social network, for example, Facebook Connect, requires confirmation that the selected data previously created by users for Facebook or other social networks may be used on the platform of Reactive Reality.
(5) By registering, users agree that their data from the app may be shared with and transferred to the Platform and, where appropriate, other social networks (e.g., Facebook).
Sec. 5 Responsibility for Access Data
(1) As part of the registration process, you are asked to enter a user name and password. Following activation of your access and confirmation thereof pursuant to Sec. 4 (3), you can then use that data to log on to the Platform. It is your responsibility to ensure that your username does not violate the rights of third parties, especially with regard to any trademarks or copyrights, and that it does not violate common decency.
(2) You are obligated to keep all of your access data, especially your password, confidential and to not disclose any of it to unauthorized third parties.
(3) You are responsible for ensuring that access to the Platform as well as use of all services available on the Platform remains exclusively limited to yourself and/or those you have authorized to access it. You are furthermore responsible for promptly notifying Reactive Reality if for any reason you suspect that your access data has been or is likely to be breached by unauthorized third parties.
Furthermore, you are liable for any use and/or other activity conducted via use of your access data, in accordance with statutory provisions under the law .
Sec. 6 User Data Updates
You are responsible for maintaining updates of your data (including your contact data). If there any changes to your information during your time as User, you are responsible for correcting the relevant information without further delay in your personal settings on the Platform. If for any reason you are unable to do this, please e-mail your updated information to us without further delay.
Sec. 7 Termination of Use
(1) You may terminate this user agreement anytime by unregistering as User at the platform.
(2) Alternatively, you may terminate this user agreement in writing or in text form.
(3) With the effectiveness of your termination, your contractual relationship with Reactive Reality ends and you may no longer use your access. Reactive Reality reserves the right to disable your username and password once your termination becomes effective.
(4) After a period of 30 calendar days following the effectiveness of your termination and expiration of any statutory limits on data provision, Reactive Reality has the right to irrevocably delete any and all data you have generated during your time as User.
III. Services and Contents of the Platform
Sec. 8 Scope of Services and Availability of Services
(1) Reactive Reality uses its Pictofit Platform to offer you a variety of services for limited periods of use. These services may include, for example, accessibility (set-up/items) to data, articles, image and sound documents, information and other contents (hereinafter collectively referred to as “ contents”) as well as the possibility of creating individual profiles, establishing contact with other users by creating personal messages and sharing content settings with other users.
The contents and scope of services are based on the terms of the individual user agreements and furthermore on the availability of functionality on the Platform at any given time.
(3) Entitlement to the use of services available on the Platform is limited to the scope of technical and operational feasibility of Reactive Reality. Although its mission is to maintain interruption-free usability of its services as much as possible, Reactive Reality cannot entirely eliminate the risk of temporarily limited availability or downtime due to technical malfunctions (for example, power interruptions, hardware- and software errors or technical problems with data lines).
Reactive Reality Reactive Reality itself does not operate an online-store. Reactive Reality presents on the platform exclusively third party advertisements. The products and / or services advertised on the platform may only be purchased at the respective advertising third party. Please note therefore:
b) Reactive Reality receive a remuneration from third party advertises for placing advertisement or integration affiliate links.
c) Reactive Reality cannot guarantee or warrant the timeliness and accuracy of the prices, the description of the goods or services or any other information , the third party represents in his advertisement.
d) The user is advised that in general the offers advertised do not represent a legally binding purchase offer of the advertisers but simply invitations to submit a bid.
e) Reactive Reality is not obliged to provide the opportunity to actually purchase the advertised products for conditions presented in the advertisement of a third party.
Sec. 9 Changes to Services
Reactive Reality reserves the right at any time to make changes to existing services on its Platform, to make available new services either for free or against payment and to discontinue existing services that are not subject to any minimum term period. In each case, Reactive Reality shall take into account your legitimate interests.
Sec. 10 Protection of Contents, Responsibility for Contents of Third Parties
(2) Of the contents available on the Platform, some are from Reactive Reality while others are from different users or from different third parties. Contents by users and third parties are hereinafter collectively referred to as “third-party contents”. Reactive Reality does not verify third-party contents for completeness, correctness or legality and therefore assumes no responsibility nor does it make any guarantee for the completeness, correctness, legality or currency of the third-party contents . The same is true with regard to the quality of third-party contents and their suitability for any particular purpose, including that of third-party contents of external websites linked to the Platform.
All contents on the Platform are third-party contents, except for any contents including a copyright notice of Reactive Reality.
IV. Your Use of Services on the Platform
Sec. 11 Scope of Permitted Use, Monitoring of Activities
Pertaining to Use of Services
(2) Only you are responsible for fulfilling the technical requirements necessary for your use of the services within your scope of responsibilities under this user agreement. Reactive Reality shall be under no consulting obligations to you in this regard.
Sec. 12 Creating User Profiles
(2) As a rule, Reactive Reality does not verify profile owners’ identities or the information contained in their profiles. Therefore, Reactive Reality does not make any guarantees as to whether every profile owner is the person that he or she may claim to be.
Sec. 13 Setting Up Your Contents
(1) In as far as the functionality for it is available on the Platform, you may set up contents on the Platform and make them accessible to third parties by observing the following regulations.
(2) By setting up contents, you grant Reactive Reality the royalty-free and transferable right to use for each of these contents, specifically for
– Storage of said contents on the server of Reactive Reality and for publication of said contents, specifically for making them accessible to the public (for example, by displaying the contents on the Platform),
– Editing and reproducing said contents to the extent necessary for accessibility and publication of said contents, and for
– Granting rights to use for your contents to third parties – possibly in return for payment – in accordance with Sec. 14.
By removing from the Platform any of the contents you previously set up, the right to use and exploitation right previously granted to us shall become null and void for these specific contents. We do, however, reserve the right to retain copies generated thereof for backup and/or archiving purposes. Any rights to use previously granted to users for contents you previously set up shall equally remain unaffected thereof.
(3) You assume full responsibility for any of the contents you set up. Reactive Reality does not verify any of your contents for completeness, correctness, legality, currency, quality or suitability for any particular purpose.
Therefore, you hereby represent and warrant to Reactive Reality that you are the sole owner of all rights to any contents you set up on the Platform, or that you are otherwise authorized (for example, by effective consent of the rights holder) to set up contents on the Platform and to grant rights to use and exploitation rights pursuant to the above paragraph (2).
(4) Reactive Reality reserves the right to reject the set-up of content and/or to edit, disable or remove content previously set up (including private messages) without prior announcement if either the user’s act of setting up said content or if said content in and of itself presents a violation of Sec. 15 or if there are specific grounds to suspect an imminent major violation of Sec. 15. Taking into account your legitimate interests, however, Reactive Reality shall choose the mildest form of preventing any violation of Sec. 15.
Sec. 14 Right to Use for Contents Available on the Platform
– You may prompt and display the contents available on the Platform online exclusively within the Platform and for personal purposes. This right to use shall be limited to the duration of your use of the Platform under this user agreement;
– you are prohibited from editing, changing, translating, producing, presenting, publishing, exhibiting, copying or distributing the contents available on the Platform in their entirety or in part. Likewise, you are prohibited from removing or changing copyright notices, logos and other trademarks or proprietary notices.
(2) You may download and print out contents only as far as the functionality of the Platform provide downloading (e.g., a download button) and printout options.
For each of your properly downloaded contents and/or proper printouts thereof, you are granted an unlimited non-exclusive right to use for your own, non-commercial purposes. In as far as you are granted the right to use contents against payment as part of your basic membership, another requirement for your aforesaid right to use is full payment for each of the contents. Apart from that, any and all rights to the contents remain with the original rights owner (Reactive Reality or the respective third party).
(3) Your statutory rights (including copying for private and other personal use according to Sec. 42 of the Austrian Copyright Act (UrhG)) shall remain unaffected thereof.
Sec. 15 Illegal Activities
(1) Services available on the Platform are exclusively designated for non-commercial purposes for its users. You are prohibited from using any of these services directly for commercial purposes or in connection thereto, unless you have been expressly granted written permission by Reactive Reality for such use. Prohibited use for commercial purposes specifically includes the following:
– Any offers and promotions of contents, services and/or products against payment, including both your own and those of third parties,
– Any offer, promotion and implementation of activities with a commercial background such as promotional contests, raffles, swaps, ads or pyramid schemes, and
– Any electronic or other collection of identity and/or contact data (including e-mail addresses) of members (e.g., for spamming purposes) or any other data available on the platform.
(2) You are prohibited from conducting any activities on or in connection with the Platform that violate statutory law, the rights of third parties or the principles of protection of minors . Specifically, you are prohibited from the following activities:
– Any set-up, distribution, offer and promotion of contents, services and/or products that are pornographic and/or deceptive in nature and/or in violation of youth protection laws, data protection laws and/or other existing laws;
– Any use of contents that insult or defame other users or third parties;
– Any use, provision and distribution of contents, services and/or products that are legally protected or encumbered with third party rights (e.g., copyrights) without express permission thereof.
(3) Irrespective of any possible violation of existing laws when setting up your own contents on the Platform or communicating with other users (for example, sending of personal messages, use of discussion forums or posting of guestbook entries), you are furthermore prohibited from the following activities:
– Any spreading of viruses, Trojans and other harmful programs;
– Any distribution of junk/spam mail and chain letters;
– Any distribution of indecent, offensive, lewd, obscene or defamatory contents or communication thereof and/or any distribution of contents supporting or promoting racism, fanaticism, hatred, physical violence or illegal activities (in each case, explicitly or implicitly) or communication thereof;
– Any harassment of other users, such as repeated personal contacting of a user without or despite his or her reaction thereto as well as any attempt at promoting or supporting such harassment;
– Any solicitation of other users to reveal passwords or personal data for commercial or illegal activities;
– Any distribution and/or publication of contents available on the Platform in as far as you are not expressly authorized by the respective author/owner to do so or as far as such distribution and/or publication is not expressly available as functionality on the Platform.
(4) You are equally prohibited from conducting any activity that could impair flawless operation of the platform, specifically, that could pose an excessive load on the systems of Reactive Reality.
(5) Please report any use of the platform you become aware of that illegal, improper, unauthorized or in any other way a violation of this agreement to Reactive Reality¸ Stremayrgasse 16, 8010 Graz, Austria (Contact). Reactive Reality will then investigate any such use and take proper measures where needed.
(6) In case any illegal or criminal activities are suspected, Reactive Reality is entitled and may in some cases be obligated to investigate your activities and, if necessary, take legal measures. These may include referral of the facts of a given case to the public prosecutor’s office.
Sec. 16 Blocking Access
(2) In case your access is blocked temporarily or permanently, Reactive Reality will disable your access authorization. In that case, any further attempt on your part to log in will be met with a lock screen and a corresponding message.
(3) In case your access is temporarily blocked, Reactive Reality will reactivate your access authorization following expiry of the lockout period. In that case, you will be informed accordingly via a lock screen pursuant to Sec. 16 II clause 2. Any permanently disabled access authorization can no longer be reactivated. Any person that has been permanently blocked is permanently blocked from using the Platform and may no longer register on the Platform.
V. Processing Your Personal Data
Sec. 17 Data Protection
(1) The standards of quality of Reactive Reality include responsible management of the personal data of users (this data shall be referred to hereinafter as “personal data”.) Thus, Reactive Reality captures, stores and processes any personal data from your registration on the Platform and from your use of its available services only to the extent necessary for the provision of services as set forth under terms of its user agreement and only to the extent permitted or required by law. Reactive Reality undertakes to treat your personal data confidentially in accordance with the relevant provisions of applicable data protection laws and in as far as there is no express consent to make any of your personal data available to third parties.
(2) Moreover, Reactive Reality shall make use of any of your personal data only with your express consent, which you can revoke at any time.
VI. Limitation of Liability
Sec. 18 Limitation of Liability
(1) Within the framework of existing statutory regulations and irrespective of any legal grounds (pre-contractual, contractual, non-contractual), Reactive Reality shall only be held liable for any damages caused by Reactive Reality either intentionally or through gross negligence. In case of slight negligence, Reactive Reality shall not be held liable to companies while it shall be held liable to consumers only to the extent of injury to life, body and health. Any liability on the part of Reactive Reality to companies with regard to consequential damages, mere financial losses, loss of profit or damages resulting from third party claims shall be excluded.
(2) In cases of slightly negligent breach of insignificant contractual obligations, Reactive Reality shall not be held liable. Apart from that, liability of Reactive Reality for damages caused by slight negligence shall be limited to the kind of losses that need to be taken into account as part of the underlying contractual relationship (foreseeable losses related to contracts). The same shall apply to slightly negligent breaches of duty on the part of legal representatives, managers and ordinary agents of Reactive Reality.
(3) The aforementioned limitation of liability shall not apply in case of fraudulent intent, in case of physical or personal injury, in case of warranty infringements and in case of product liability claims.
VII. Miscellaneous Terms
Sec. 19 Written Form Requirement
Sec. 20 Severability Clause
Sec. 21 Applicable Law
Sec. 22 Venue