Venturepack

Venturepack

Terms of Service
Last Updated: April 25th, 2012

This service (VenturePack) and website are provided and managed by SoftwareWerkstatt GmbH. These Terms of Service (the 'Terms') are a binding legal agreement between you and SoftwareWerkstatt GmbH. ('SoftwareWerkstatt' or 'we'), regarding your use of any services available at this website (the websites and services are collectively referred to as the 'Service'). Please read these Terms carefully. In addition, when using certain features of the Service, you also may be subject to the guidelines, terms, and agreements applicable to such features.

We may periodically make changes to these Terms. By downloading and installing the application or accessing or using the Service, you accept these Terms and any modifications that we may make to these Terms. Although we may attempt to notify you when major changes are made to these Terms, it is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree to any provision of these Terms, you must not use the Service.

Beta Status
SoftwareWerkstatt has not fully released the Service, and the Service has not yet been tested like other commercially released services that you may use. Therefore, it is likely that the Service will contain errors, including errors that may cause the Service or your computer to malfunction or cause a loss of data. Furthermore, Venturepack is not obligated to correct errors, correct the effects of errors (e.g., fix your computer or recover lost data), or provide any technical support related to your use of the Service.

To help SoftwareWerkstatt prepare the Service for commercial release, SoftwareWerkstatt is providing you with access to the Service so that you can test and evaluate the Service and provide feedback concerning the Service or other general ideas, including identifying potential errors and improvements ('Feedback'). You hereby grant Venturepack the unrestricted right to use your Feedback, including using your Feedback to improve the Service and create other products and services.

The Service
This Service provides registered users the opportunity to manage their projects, tasks, support tickets and writeboards. Content must comply with any posted Venturepack guidelines; appropriateness will be determined by SoftwareWerkstatt. Any Content and is subject to all federal, state and local laws.

Release
SOFTWAREWERKSTATT IS NOT RESPONSIBLE FOR LOST, LATE, DAMAGED, MISDIRECTED, ILLEGIBLE, INCOMPLETE, OR MUTILATED CONTENT, OR FOR ANY COMPUTER, ONLINE, TELEPHONE OR TECHNICAL MALFUNCTIONS, DELAYS OR HUMAN ERRORS THAT OCCUR IN THE PROCESSING, TRANSMISSION OR RECEIPT OF CONTENT, OR FOR INACCURATE TRANSCRIPTION OF INFORMATION, OR FOR CONTENT THAT ARE STOLEN, MISDIRECTED, GARBLED, LOST OR DELAYED BY COMPUTER TRANSMISSIONS, OR IF FOR ANY REASON, CONTENT IS NOT CONDUCTED AS PLANNED, INCLUDING BUT NOT LIMITED TO INFECTION BY COMPUTER VIRUSES, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR OTHER CAUSES BEYOND THE CONTROL OF SOFTWAREWERKSTATT. SOFTWAREWERKSTATT IS NOT RESPONSIBLE FOR INCORRECT OR INACCURATE ENTRY INFORMATION WHETHER CAUSED BY INTERNET USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED BY VENTUREPACK OR BY ANY TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE PROCESSING OF CONTENT.

Account Registration
You must register to use certain features of the Services. To register, you must provide a valid email address. The email addresses will be verified by an email message. When you register, you agree to: (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service; (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at office@softwarewerkstatt.at

Use Restrictions
You will not: (a) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (b) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (d) deep-link to any portion of the Service for any purpose without our express written permission; (e) 'frame,' 'mirror,' or otherwise incorporate any part of the Service into any other website without our prior written authorization, except as expressly enabled by a feature of the Service; or (f) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.

Interactive Services
The Service may include interactive features and services, including forums, message boards, ratings or review functionality, and similar services, in which you or third parties may send messages to Service users, and create, post, or store profile data, ratings or reviews, and other content on the Service ('Interactive Services'). You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:

Material that is obscene, defamatory, libelous, threatening, pornographic, harassing, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law;
Material that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;
Comments that in any way refer to persons under 18 years of age, images of any persons under 18 years of age or the age of majority in their state or region, or images of any person who have not provided authorization;
Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
Material that, in our sole judgment of, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or which may expose us or our users to harm or liability of any nature.

We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, we reserve the right, and have absolute discretion, to screen, remove, edit, or block any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.

Modifications to the Service
SoftwareWerkstatt reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in our sole discretion. SoftwareWerkstatt also reserves the right at our sole discretion to cancel, terminate, modify, or suspend a subscription. We will not be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.

Term and Termination
Your account remains in effect unless you cancel it by emailing SoftwareWerkstatt or unless SoftwareWerkstatt terminates your account as provided by these Terms. To terminate your account, please email SoftwareWerkstatt at office@softwarewerkstatt.com. Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and to block, restrict, and prevent your future access to, and use of, the Service.

Trademarks
SoftwareWerkstatt, the VenturePack logo, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of SoftwareWerkstatt and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.

Ownership
We own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

Indemnification
You will defend, indemnify and hold harmless SoftwareWerkstatt, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to use of the Entry, your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

Disclaimer of Warranties
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. SOFTWAREWERKSTATT AND ITS PARTNERS, SUPPLIERS, LICENSORS, AND SPONSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOFTWARESERKSTATT DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING SOFTWAREWERKSTATT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability
NEITHER SOFTWAREWERKSTATT NOR ITS PARTNERS, SUPPLIERS, LICENSORS, OR SPONSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SOFTWAREWERKSTATT OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE MAXIMUM TOTAL LIABILITY OF SOFTWAREWERKSTATT AND ITS PARTNERS, SUPPLIERS, LICENSORS, AND SPONSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS €100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

General Legal Notices
Our or our partners’ failure to act in a particular circumstance, including a failure to enforce any term of an official rule, does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.

These Terms are governed by the laws of Austria, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Vienna, Austria and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Austrian law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

These Terms and any additional terms and conditions accepted by you when registering for a specific Service constitute the entire agreement between you and SoftwareWerkstatt concerning the Service. These Terms supersede all prior agreements or communications between you and SoftwareWerkstatt regarding the subject matter of these Terms.

Questions & Contact Information
If you have any questions or concerns about the Service, or these Terms, you may contact SoftwareWerkstatt through our website by http://www.softwarewerkstatt.at or write us at:

SoftwareWerkstatt GmbH
Oberlaaer Straße 191/4, 1100 Vienna, Austria