These Terms and Conditions for Use of the Website (“Terms”) are an agreement between you and Rocksolid Estate Aktiengesellschaft, Firmenbuchnr. Nr.: FN 593266 a, Opernring 1/R/345 1010 Vienna, Austria (hereinafter referred to as “Rocksolid”) and govern your use of the Website, unless a specific feature is associated with a separate license, in which case the separate license shall apply.
1. Introduction
BY ACCESSING OR USING THE WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS AND/OR USE THE WEB SITE.
As used in these Terms, the term “Website” means Rocksolid’s website accessible at https://https://rocksolidestate.com/ or any of its subdomains or subsites (collectively, the “Website”). “User,” “you,” or “your” refers to the person, company, or organization visiting our Website and accessing Rocksolid. “Rocksolid”, “we”, “us” or “our” refers to Rocksolid Estate Aktiengesellschaft, Firmenreg. Nr.: FN 593266 a, Opernring 1/R/345 1010 Vienna, Austria.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS APPLY EXCLUSIVELY TO THE USE OF THE WEBSITE AND NOT TO ANY OTHER CONTRACTUAL RELATIONSHIP BETWEEN ROCKSOLID AND YOU. THE INFORMATION ON THE WEBSITE IS FOR YOUR INFORMATION ONLY. PRIOR TO ANY FURTHER LEGALLY BINDING RELATIONSHIP, WE WILL ENTER INTO A SEPARATE AGREEMENT THAT CLEARLY SETS FORTH OUR SCOPE OF WORK AND TERMS AND CONDITIONS.
2. Use of the webseite
Access to this Website is granted to you in accordance with these Terms. You agree to use the Website in a manner that does not cause harm to us, other users, or any third party. We reserve the right to terminate or restrict your access to the Website without notice if you breach these Terms or if you misuse or access the Website to an unusual extent. We may terminate your access to the Website if we have reason to believe that you are engaging in illegal activity or jeopardizing the data security or privacy of other users or us.
3. License for use of the website
By using the Website, you acquire, and Rocksolid grants you, a personal, limited, non-exclusive, non-transferable license to use the Website for your personal, non-commercial use. The rights you acquire are subject to your compliance with the Privacy Policy and these Terms. Any commercial use is prohibited. Notwithstanding this prohibition, you are permitted to use the Website in unmodified form for viewing purposes.
4. Restriction of use
Your right to use the Website is limited to the license granted above, and you may not otherwise copy, display, disable, distribute, perform, publish, modify, transmit, create works from, or use the Website or any component thereof, except as expressly authorized by us as described in this section. Failure to comply with any of the provisions set forth herein may, in Rocksolid’s sole discretion, result in termination of your use of the Website and may also subject you to civil and/or criminal liability.
Except as expressly permitted in these Terms or in writing by Rocksolid, you may not:
– Use the Website and general information on the Website, such as contact information, text, graphics, photographs, videos, files, logos, data compilations, links, documentation, know-how, specification materials, designs, and other features obtained from or through the Website (collectively, the “Content”), for any illegal, immoral, unlawful, and/or unauthorized purpose;
– Use the Website and/or Content for non-personal or commercial purposes;
– Interfere with or violate the privacy and other rights of other users or collect personally identifiable information about users, without their express consent, whether manually or using a robot, spider, crawler, search or retrieval application or any other manual or automated device, process or method to access the Website and retrieve information, index and/or engage in data mining;
– Interfere with or disrupt the operation of the Website or the servers or networks on which the Website is hosted or violate any law, regulation, requirement, procedure or policy of such servers or networks;
– Take any action that imposes or could impose an unreasonable or disproportionately large load on our platform infrastructure;
– Circumvent measures we use to prevent or restrict access to the Website;
– Create a database by systematically downloading and storing all or any part of the Content from the Website;
– transmit or otherwise make available in connection with the Website any viruses, worms, Trojan horses, time bombs, web bugs, spyware or other computer code, files or programs that may damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actual or potential harmful, disruptive or invasive code or components;
– decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works based on the Website or any Content, except to the extent expressly permitted by these Terms or applicable supplemental legal notices;
– use network monitoring or detection software to extract information about usage, individual identities or users;
– copy, modify, reproduce, republish, distribute, display or transmit the Site or any Content, in whole or in part, for any commercial, nonprofit or public purpose, except as expressly permitted by us,
– use the Website for any purpose for which it is not intended; and/or
– violate and/or breach the Terms.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action deemed appropriate, including but not limited to reporting suspected unlawful activity to law enforcement authorities, regulators, or other third parties and disclosing to such persons or entities any information necessary or appropriate regarding user profiles, email addresses, usage history, IP addresses, and traffic information.
5. Reservation of rights
You have been granted a license to use the Website and your rights are subject to these Terms and the Privacy Policy. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in any material or content provided as part of the Website shall at all times remain vested in us or our licensors. You may only use such material with the express permission of us or our licensors. You acknowledge and agree that the material and content on the Website is provided for your personal, non-commercial use only.
6. Intellectual property
The intellectual property rights in the Web Site and the materials contained therein or accessible through it are owned by Rocksolid, its affiliates and/or its licensors. This Web Site and the materials on or accessible through it, and the intellectual property rights therein, may not be copied, distributed, published, licensed, used or reproduced in any way (except to the extent strictly necessary to access and use this Web Site). All logos, related artwork and other trademarks are the property of Rocksolid, its affiliates or its licensors and may not be used, copied, modified or reproduced in any way without the prior written permission of Rocksolid and/or its affiliates or its licensors. All trademarks not owned by Rocksolid are the property of their respective owners and are used with permission. Nothing contained on this website shall be construed as conferring or granting any right or license to use, reproduce, modify any trademark or other intellectual property right or any portion thereof, whether by implication, estoppel or otherwise. All rights not expressly granted herein are reserved. For these purposes, the term “intellectual property rights” includes.the following rights, but is not limited to (wherever and whenever arising and for the entire term of each of them): Patents, trademarks, trade names, service marks, service names, designs, written works, audiovisual works, visual representations, software, copyrights, design rights, database rights, moral rights, know-how, trade secrets and other confidential information, rights in the nature of any of these in any country, rights in the nature of unfair competition and rights to sue for unauthorized disclosure or other similar intellectual or industrial rights (in each case whether registered or registrable) and registrations and applications for registration of any of these.
7. Compliance with legislation
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations with respect to the Website and any actions taken on or through the Website.
8. Indemnity
You agree to promptly indemnify, defend and hold us and our officers, directors, employees, agents and suppliers harmless upon demand from any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of any breach of the Terms of Use by you or any other liabilities arising out of your use of this Website or the use of the Website by any other person using your computer and/or personal information.
9. Links to third party websites
Our website may contain links to third party websites. If you use the links provided through the Website to go to other websites not maintained by Rocksolid, you will leave our Website. The linked third-party websites are not under the control of Rocksolid, and we are not responsible for the content of any linked website or any link contained in a linked website. The linked sites are governed by the terms and conditions of that site. The inclusion of any link does not imply that Rocksolid recommends, approves or endorses the linked site, nor does it imply that the linked site recommends, approves or endorses Rocksolid.
Your access to, use of, and reliance on such websites, services and content, and your dealings with such third parties are at your own risk and expense. You further acknowledge and agree that Rocksolid shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any services, content, products, or other materials available on or through any such linked website or resource.
10. Availability and changes
The availability and functionality of the Website depends on various factors, such as communication networks. Rocksolid does not warrant or guarantee that the Website will operate and/or be available at all times without malfunction or interruption, or that it will be protected from unauthorized access or be error-free.
Rocksolid reserves the right to modify, correct, amend, enhance, improve, make other changes to, or discontinue, temporarily or permanently, this Web Site (or any part thereof, including but not limited to the Content) at any time without notice.
In addition, you hereby acknowledge that the content provided on this Website may be modified, expanded in content and form, or removed at any time without notice. In the event of a change, your continued use of the Website (or any portion thereof) following such change will be deemed to be your acceptance of such change. It is your responsibility to periodically review our Terms to determine whether the Terms have changed. If you do not agree to any change in the Terms, you must immediately cease using the Website and may not access and/or use the Website. You agree that Rocksolid shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website or the content contained therein. You agree that Rocksolid shall not be responsible for any errors or malfunctions that may occur in connection with making such changes.
11. Limitation of liability and disclaimer of warranty
Except as expressly provided in these Terms, we make no representations and disclaim all warranties of any kind, express or implied, to the fullest extent permitted by applicable law, as to the suitability, reliability, availability, timeliness, and accuracy of the information, content, and links to third parties provided on our website for any purpose. Our website, the information and related graphics are provided “as is”, without warranty of any kind.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEB SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED “AS IS”. ROCKSOLID SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR THE CONTENT AVAILABLE THEREIN.
The information we publish on the Website may contain inaccuracies or typographical errors. To the fullest extent permitted by applicable law, in no event will we be liable for any direct, indirect, punitive, incidental, special or consequential damages, loss of use, loss of data, loss of profits, loss of goodwill or reputation, personal injury or costs of any kind arising out of or in connection with
(i) your access to and use of the Website
(ii) your inability to use the Website
(iii) any information or content on the Website
(iv) your information or materials transmitted through the Website, whether based on contract, tort, negligence, strict liability or otherwise.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation does not apply to users in such jurisdictions. If you are dissatisfied with the Site or do not agree with these Terms, your sole and exclusive remedy is to terminate your access to our Site.
12. Feedback
In connection with your use of the Website, you may provide us with suggestions, ideas, reviews, comments and questions or other information and/or materials relating to the Website (“Feedback”). After you provide Feedback to us, you continue to retain all intellectual property rights in the Feedback that you may have, and you grant us and our affiliates a worldwide, perpetual, irrevocable, royalty-free right and license to use, copy, amend, modify, translate, develop, and create derivative works from the Feedback. You acknowledge that you also grant us, free of charge, the right to commercialize your Feedback in any manner and for any purpose. We will not be liable for any loss or damage incurred by you as a result of the disclosure or use of such feedback.
You agree not to provide us with any Feedback that is subject to a third party license that requires us to license the Website or any material contained therein to any third party because we include your Feedback on the Website. Further, we do not ask you for, and do not want to receive, feedback that is considered confidential or proprietary unless we specifically ask you for it. Any feedback you submit to us will be considered non-confidential or non-proprietary unless we specifically state otherwise. We are not responsible for any feedback provided by third parties or for any materials provided by you and/or third parties.
13. Termination and right of refusal
Rocksolid Estate reserves the right to deny access to the Website at any time. We may deny you access to all or any part of the Site at any time for any reason, including, but not limited to, if we believe that.
(i) you have breached any of our terms and conditions,
(ii) you pose a risk or potential legal exposure to us; or
(iii) our provision of the Website to you is no longer commercially or socially viable.
We will use reasonable efforts to notify you of the termination via the email address you provide to us the next time you contact us.
14. Applicable law, settlement of disputes
All disputes between the parties shall be governed by these Terms in accordance with the laws of the Austrian Republic, excluding any principles of conflict of laws that might provide for the application of the laws of another jurisdiction. Any dispute or claim arising out of or in connection with these Terms, including but not limited to their breach, termination, validity, invalidity, or any other dispute or claim arising out of or in connection with these Terms or the Website, shall be subject to the exclusive jurisdiction of the court for the 1st District in Vienna, Austria.
15. Others
Total Agreement
These Terms, together with the Website Privacy Policy and any other legal notices posted on our Website, govern our relationship with you and the contract entered into for your use of the Website.
No wavier
The failure of either party to exercise any right provided for herein in any respect shall not be deemed a waiver of any other rights under this Agreement. A waiver of compliance in a particular instance does not mean that we will waive compliance in the future.
No financial or investment advice
The content of the Website is for informational purposes only. You should not construe such information or other material as legal, tax, investment, financial or other advice. Please consult a licensed financial professional or investment advisor for advice tailored to your financial situation. The information provided on this website is not a substitute for, and should not be relied upon as, professional financial or investment advice. You are solely responsible for evaluating the merits and risks associated with the use of any information or other content on the website before making any decisions based on such information or other content.
No offer or request
Nothing on our website constitutes a solicitation, recommendation, endorsement or offer by Rocksolid or any third party service provider to buy or sell securities or other financial instruments in this or any other jurisdiction where such solicitation or offer would be unlawful under the securities laws of such jurisdiction. Any such offer or solicitation will be made only through official offering materials, which will contain important information about risks, charges, expenses, etc., and will be identified as such. You should read the offering documents carefully before making any investment decision. This website is not intended for use by persons in countries where the publication or availability of this website is prohibited by reason of nationality, residence or otherwise.
Higher weight
Rocksolid shall not be liable for any failure to perform its obligations under this Agreement if such failure is due to any cause beyond our reasonable control, including without limitation mechanical, electronic or communications failures or impairments.
Separability
If any provision of the Terms is found to be unenforceable or invalid, such provision shall be limited or waived to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
Assignment
We may transfer, assign or delegate the Terms and their rights and obligations without consent.
Data acquisition
Regarding the collection of data and the use of cookies, please refer to our Privacy Policy.
16. Contact and complaints
If you would like to contact us regarding these terms, privacy policies, or any other legal documents, please email us at privacy@https://rocksolidestate.com
©Rocksolid Estate (January 2023)