Terms of Service

1. scope of application

Decksharks.com, hereinafter referred to as “decksharks”, provides all services, in particular in connection with the management of data, photos and videos provided by members, exclusively on the basis of these general terms of use (“Terms of Use”). The offers of partners are subject to their terms of use.

decksharks reserves the right to change and/or amend these Terms of Use at any time with reasonable notice. The announcement is made exclusively by publication on the Internet at www.decksharks.com . If a member does not object to the amended or supplemented conditions within 4 weeks of their publication, the amended or supplementary conditions shall become legally effective. If a member objects in due time, then decksharks is entitled to terminate the contract with the member and/or his access to his account on decksharks at the time at which the changed or amended terms and conditions are to come into force.

2. subject of contract and description of services

decksharks provides the member with basic services free of charge on its websites. These free basic services include the possibility for members to store data and multimedia content such as photos and videos on the www.decksharks.com platform. The storage capacity for uploading multimedia content is limited for each member.
In addition, members can create their own user profiles, comment on photos and videos, rate them, invite other users to become members of decksharks, make new friends and send e-mails to members via the internal messaging system. decksharks is entitled to agree supplementary terms of use with the member for future services and offers subject to a charge.

decksharks offers its free basic services exclusively for private, non-commercial purposes. With the registration every member agrees to use the free basic services only for private purposes. However, decksharks reserves the right to charge for additional services. Prices and conditions are indicated to the member before use in each case.

3. registration, use

With the registration as a member these terms and conditions for the regulation of the usage relationship between the member and decksharks are recognized as legally binding. Members under the age of 18 may only become members of decksharks with the express permission of their parents or legal guardians. For details see under protection of minors.

Each member undertakes to keep secret the passwords received from decksharks for the purpose of access to its services and to inform decksharks immediately if unauthorized third parties know the member’s password. If third parties use services of decksharks through the fault of the member by using the passwords, the member is liable for the resulting damage.

4. contents on decksharks

decksharks merely provides access to its servers and stores the data, photos, videos and information provided by the member (collectively, the “Content”) for the member and at the member’s legal risk. The member is solely responsible for the content stored on the decksharks platform. The member therefore guarantees that these contents do not violate legal prohibitions, morality or the rights of third parties (name, personality, copyright, data protection rights, etc.). In particular, each member undertakes not to present any pornographic, violence-glorifying or inciting content, not to call for criminal offences or provide instructions for such, and not to offer any services or have them offered by third parties which have pornographic and/or erotic content as their object. The same applies to the sending of e-mails.

Furthermore, the storage of content related to political institutions or activities, such as party meetings, demonstrations, leaflet or signature actions and the depiction of political symbols is not permitted.

Members may not send or store on the decksharks platform any data of a kind or nature (e.g. viruses), size or duplication (e.g. spamming) that could endanger the existence or operation of the decksharks services and data network. For each case of violation of the above obligation, the member will pay a contractual penalty of EUR 5,000.00 (in words: five thousand Euro) to decksharks. This does not exclude the assertion of compensation for further damage by decksharks.

decksharks is entitled to refuse the inclusion (storage) of content, to delete content, to immediately delete the pages and references to them and/or to terminate the contract without notice in the event that the member violates the above-mentioned rules and prohibitions, to the exclusion of any claims for damages by the member. decksharks does not assume any obligation to check.

If the member violates the aforementioned rules and prohibitions, the member is liable to decksharks for compensation for all direct and indirect damages resulting from this. The member indemnifies and holds harmless decksharks internally from all claims of third parties resulting from his violations.

5. rights of use of contents

By uploading content, the member transfers to decksharks the rights of use to the content stored by the member on the platform. The right of use includes the revocable right to worldwide duplication, distribution, transmission, public reproduction, publication or other comparable use of the transmitted contents within the scope of the offer of decksharks as well as its partners and partner platforms without any claim to remuneration by the user or third parties. The right of revocation can be exercised at any time by deleting the content.

6. availability

decksharks strives to achieve a 97% annual average availability of its servers. Excluded from this are times when the server cannot be reached via the Internet due to technical or other problems beyond the control of decksharks (force majeure, fault of third parties, etc.). decksharks may restrict access to the free basic services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data require this.

7. prices and payment for chargeable services

decksharks is entitled to charge any fees for chargeable services up to 12 months in advance.

Members agree, if necessary, to receive invoices electronically.

decksharks is entitled to increase the prices at any time after prior notice with a period of 6 weeks. The changed price applies if the member does not object to the changed price within six weeks. The contractual relationship will then be continued at the changed conditions/prices. If the member objects in due time, both parties have the right to terminate the contract with one month’s notice to the end of the month. Unless expressly agreed otherwise, the prices are fixed prices.

If the member is in default of payment, decksharks is entitled to suspend the services and/or to immediately block the profile of the member (account); the member remains obliged to pay the agreed fee even for the period of suspension of his account.

If the payment is made by direct debit and there are return direct debits, decksharks will charge a processing fee of 9.80 Euro per direct debit plus the bank charges incurred for decksharks.

8. rights of third parties

decksharks will indemnify the member from all justified claims of third parties based on a possible infringement of an industrial property right or copyright by decksharks, if the member has informed decksharks immediately in writing of such claims and decksharks reserves all technical and legal defensive measures and settlement negotiations. The aforementioned obligations of decksharks shall not apply if claims of third parties are based on the fact that the violation results from an action of the member, in particular the storage of content on the decksharks platform by the member.

9. liability

decksharks is liable for damages resulting from intentional or grossly negligent breaches of contract as well as for damages resulting from slightly negligent breaches of essential contractual obligations. In the latter case, the liability of decksharks is limited to the damage typically foreseeable at the time of conclusion of the contract. The objection of contributory negligence of the member remains unaffected for decksharks. The legal liability of decksharks for personal injury and under the Product Liability Act remains unaffected. The above limitations of liability also apply to breaches of duty by legal representatives or vicarious agents of decksharks.

10. data protection

Personal data of the member are collected, processed and used by decksharks during the contractual relationship without further express consent only for the purposes of contract execution, including billing. Data is collected, used and processed electronically.

The member is further advised that decksharks is entitled to collect, process and use the user’s inventory and connection data for the purpose of identifying, limiting and eliminating faults and faults in the telecommunications systems, insofar as this is necessary in individual cases. If the corresponding requirements are met, decksharks may collect, process and use the inventory and connection data required to detect illegal use of telecommunications networks and services. In accordance with the applicable provisions, decksharks provides information to law enforcement authorities and courts for the purpose of criminal prosecution.

For the purposes of advertising, market research and the demand-oriented design of services, decksharks creates user profiles using pseudonyms. The member has the right to object to this processing and use of his data at any time. Upon request, decksharks will provide the member with information free of charge and immediately about the data stored on his person or his pseudonym. The information will be provided electronically.

decksharks may transmit the billing data of the member to other providers of services (partner platforms) and third parties, insofar as this is necessary to determine the fee and to bill the member. decksharksist is entitled to transmit the billing data of the member to the third party commissioned with collecting the fee, insofar as it is necessary for this purpose. Furthermore, decksharks will not pass on the member’s data or the content of private messages to third parties without the member’s consent.

decksharks expressly points out to its members that data protection and data security for data transmissions in open networks such as the Internet cannot be guaranteed 100% according to the current state of the art. Members know that, from a technical point of view, the Provider may at any time inspect the website stored on the web server and, under certain circumstances, other member data stored there. The member is fully responsible for the security and safeguarding of the data transmitted by him to the Internet and stored on web servers.

Each member agrees that during the term of the contract decksharks may send him or her e-mails for technical support, with technical notes and information about the scope of the service used, possible extensions and other information concerning the operation of the decksharks platform.

11. final conditions

These General Terms of Use and the entire legal relationship between the member and decksharks shall be governed by the laws of the Republic of Austria to the exclusion of Austrian conflict of laws provisions. Should individual provisions of these terms of use be or become invalid or incomplete, the validity of the remaining terms of use shall remain unaffected.

The place of jurisdiction for all disputes arising in connection with the contractual services shall be Vienna, Innere Stadt, to the extent permitted by law.