General Terms and Conditions for the use of pro.earth.

As of October 19, 2021

Provider: AD ALL GmbH (hereinafter referred to as "AD ALL") FN 546708 h of the commercial register of the Eisenstadt Commercial Court.

Media owner:

AD ALL GmbH
Industrial area 8
7041 Wulkaprodersdorf
UID-No.: ATU76387535

  1. § 1 Scope of application
    1. The following terms and conditions apply to all services provided by AD ALL and govern their use.
    2. By registering on www.pro.earth, the user expressly accepts these terms and conditions and AD ALL's privacy policy.
    3. Persons over the age of 14 are entitled to use AD ALL services.
    4. AD ALL services may only be used for commercial purposes with the express written permission of AD ALL.
  2. § 2 Registration / Conclusion of contract
      1. In order to use AD ALL services, registration on one of the AD ALL platforms is required. This requires an e-mail address including a password or a "Facebook login" or a "Google login".
      2. When registering, the user undertakes to provide truthful and complete information. In individual cases, AD ALL reserves the right to check the accuracy of the information provided. Pseudonyms are permitted.

    c) AD ALL is entitled to refuse registration without giving reasons. There is no right to registration.

      1. Users may create a maximum of one user account on the AD ALL platforms. Even if different platforms are involved, multiple registrations are not permitted and will result in the registrations being blocked or deleted.
      2. An email is sent to the email address provided by the user to confirm registration (with the exception of Facebook login). The registration process is only considered complete when the user clicks on the confirmation link contained in the email or enters the pin code received on the platform.

    f) After completing registration, the user can consume the services of AD ALL.

    1. The completed registration includes a contractual relationship between AD ALL and the registered user, which is governed by the provisions of these Terms and Conditions and the Privacy Policy, which forms an integral part of these Terms and Conditions.
    2. The use of the basic functions of the services of AD ALL (hereinafter referred to as "Basic Membership") is free of charge after registration. The user must consent to the use of cookies in accordance with AD ALL's privacy policy. These are used for the additional use of cookies for marketing and advertising purposes in accordance with AD ALL's privacy policy.

    The free basic membership is only possible on the basis of counter-financing through advertising revenue. Costs for further development, technical infrastructure or maintenance would otherwise not be financed by AD ALL. AD ALL agrees to free use only on condition that the user does not use an ad blocker to hide advertisements. The user undertakes to deactivate any ad blockers already installed when using AD ALL. AD ALL also reserves the right to charge for services provided by AD ALL in the future. In this case, AD ALL will proceed in accordance with "§ 11 Amendment of the Terms and Conditions".

  3. § 3 Services

    1.

    1. AD ALL offers users access to a central service via various platforms and integrations:
      1. AD ALL associated platforms, such as www.pro.earth
      2. Websites of cooperation partners that integrate the AD ALL service (possibly also adapted to the graphic design of the cooperation partner), e.g. facebook.com
    2. AD ALL enables the user to establish social contacts, open or participate in challenges on the subject of CO2 savings.
    3. The user has the option:
      1. create a profile and upload photos/videos to their profile (the photo guidelines set out in § 4 apply)
      2. communicate with other users (e.g. send or receive messages)
      3. Create content (e.g. create challenges, create posts)
      4. pro.earth Points (PEP) (these can be exchanged for pro.earth Coins (PEC) at a later date.

    2.

    1. AD ALL is entitled, but not obliged, at its own discretion and without the consent of the user, to check the content created by the user for compliance with legal provisions and the terms and conditions of AD ALL and, if necessary, to delete the content concerned.
    2. AD ALL is entitled to make changes to the services it provides at any time due to possible technical developments of the existing internet, changes to legal regulations and further developments of its own or third party products.
  4. § 4 Photo guidelines
    1. AD ALL provides guidelines regarding the uploading of photos/videos to the user's profile (§ 3.3.1.) and to the public community areas, which the user must comply with. AD ALL is entitled (but not obliged) to delete or move to the photo album any photos uploaded by the user that contravene these guidelines at its own discretion and without the user's consent.
    2. Photo album: If the user has uploaded a profile photo that meets the guidelines, it is possible to add up to 32 additional album photos.
    3. Community photos: The user is authorized to upload photos to the public community areas (e.g. on the profile, in challenges or posts).
    4. Prohibited content: Advertising of any kind is not permitted; the same applies to violations of the law. Likewise, the photos/videos uploaded by the user must not infringe the rights of third parties, disturb or offend other members or display nudity.
    5. Disclaimer: The user guarantees that the photos/videos uploaded by him/her do not infringe any third-party rights (intellectual property rights and copyrights). Furthermore, the user shall indemnify and hold AD ALL harmless in the event that claims are asserted.
    6. Rights of use: The user transfers to AD ALL the non-exclusive, transferable right, unlimited in time, space and subject matter, to reproduce, distribute and publicly reproduce all community photos uploaded by the user (§ 4.4) in digital applications, on the internet or in print for commercial press and marketing purposes, free of charge. The author's name including user name can be displayed on the AD ALL platforms at the user's request. Photos that the user uploads to their own profile, i.e. profile and album photos, are excluded (§ 4.2 and 4.3).
      1. Personal rights: If photos with persons depicted on them are uploaded, the user confirms that he/she has obtained the publication permission of the persons. Furthermore, the user waives his/her right of revocation for publication in print and online media (e.g. Facebook, flyers), insofar as these are community photos (§ 4.4).
  5. § 5 Obligations, duties and rules of conduct of the user
    1. In order to make full use of all AD ALL services, the user requires the latest (browser) technologies and must enable their use (e.g. activation of Java script, cookies, pop-ups).
    2. The access data (password, user name) are subject to strictly confidential treatment by the user and must be protected against unauthorized access by third parties. These access data may not be disclosed to anyone, including employees of AD ALL. If the user suspects that his access data (password, user name) has become known to third parties, he undertakes to change the password immediately and to inform AD ALL accordingly. If the access data (password, user name) is passed on to third parties by the user, the user is liable for any damage caused as a result.
    3. The user undertakes to use all services provided by AD ALL in accordance with its terms and conditions and not to take any actions that harm or endanger AD ALL and/or other users. Furthermore, compliance with all instructions, recommendations, etc., which AD ALL provides on its website, in operating instructions and/or other documents made available to the user upon conclusion of the contract or thereafter, also falls under the intended use.
    4. Users can publish content, communicate with other users and interact on the AD ALL platforms. Services provided by AD ALL may not be misused. In particular, the following rules must be observed:
      1. The entry of personal data in the user's profile is at the user's own risk and responsibility. The entry of personal telephone numbers, hyperlinks that refer to such data or a personal e-mail address is not permitted in the user's profile.
      2. The publication of third-party data is only permitted with their consent.
      3. The user undertakes to comply with all relevant legal provisions (e.g. Criminal Code, Youth Protection Act, Prohibition Act, Pornography Act, E-Commerce Act, Telecommunications Act, Copyright Act, Act against Unfair Competition, Media Act, General Data Protection Regulation, any personal rights arising from other laws such as the Austrian Civil Code, etc.) when posting content. In particular, no pornographic, obscene, immoral, violence-glorifying, violence-trivializing, racist, right-wing/left-wing radical, insulting or other illegal content, materials, information and/or photos may be distributed. The user bears sole responsibility for the content he/she posts.
      4. Furthermore, the user undertakes not to insult, threaten or harass other users and/or third parties and/or violate their (personal) rights.
      5. Furthermore, no inappropriate requests and/or messages may be sent by the user. If the user is blocked or reported due to such requests/messages, this lowers their trust value. If the user's messages fall below a threshold deemed appropriate by AD ALL, they must be released by the support team. AD ALL also reserves the right to stop sending the user's messages to new members in such a case (see § 10 Sanctions). This does not apply to messages to existing contacts or replies to contact requests from other users.
      6. The user undertakes not to publish any data that contains an infected software virus. Also excluded from publication are software and content to which third parties have copyrights (exception: the user has the necessary rights or the consent of the authorized party).
      7. The commercial or private advertising of other apps or websites is not permitted. The same applies to the use of AD ALL's services for commercial purposes (e.g. advertising and offering goods, services, job offers, etc.). The sending of mass messages or chain letters is also prohibited.
    5. Apart from any consequences under civil and criminal law, the user must indemnify and hold AD ALL completely harmless for damages of any kind whatsoever and for any claims by third parties of any kind whatsoever resulting from breaches of the user's obligations under § 5 of these Terms and Conditions.
  6. § 6 Rights of use and copyrights

    AD ALL is the sole owner of the rights of distribution, processing, reproduction and copyright as well as the right of non-physical transmission and reproduction of the services of AD ALL and the content contained therein. The use of AD ALL's services and the materials, content, trademarks and trade names mentioned therein is only permitted for the purposes stated in these terms and conditions.

  7. § 7 Availability / Warranty
    1. AD ALL endeavors to offer its services to users at all times. Software updates, maintenance or due to certain circumstances (force majeure, technical problems of third parties), which cannot be influenced by AD ALL and therefore cannot be solved by it, can lead to downtimes. In these cases, no claims for damages and/or warranty claims can be asserted by the user.
    2. AD ALL provides no guarantee for customer expectations that success will be achieved through the use of AD ALL's services (e.g. new friendships, partnerships etc.).
    3. Messages stored in the user account can be deleted by AD ALL 30 days after receipt or receipt without the user's consent.
  8. § 8 Liability
    1. AD ALL is only liable for compensation for damage caused by AD ALL or its employees in connection with this contract in the event that damage was caused by gross negligence or intent, insofar as this does not violate mandatory law. However, the associated limitations of liability do not apply to compensation for personal injury.
    2. Notwithstanding the limitation of liability in accordance with § 8.1, AD ALL's liability for loss of profit, loss of data, loss of assets or other consequential damages is expressly excluded.
    3. AD ALL accepts no liability for content distributed by the user on the AD ALL platforms or for any damage arising from this.
  9. § 9 Decommissioning of the service

    In the event of an economic threat to AD ALL due to the continuation of operations, AD ALL is entitled to shut down the service which is the subject of the contract in whole or in part. If the security of users or AD ALL is at risk, AD ALL is also entitled to shut down the services. Users will be informed immediately by AD ALL should the above measures become necessary.

  10. § 10 Sanctions

    AD ALL reserves the right to take the following steps should the user violate these terms and conditions:

    1. Warning of the user
    2. Deletion of the user's content
    3. No delivery of messages from the user
    4. No publication of the user's content
    5. Temporary or permanent blocking of the user
    6. Deletion of the user profile and termination of the contractual relationship in accordance with §12, especially in the event of violations of §4 and §5.2 to §5.4.
  11. § 11 Amendment of these Terms and Conditions

    AD ALL has the right to amend these Terms and Conditions at any time. The user will be informed of such changes either by publication on the AD ALL Platforms or by email to the email address provided by AD ALL at the time of registration. The user has the option of terminating the contractual relationship with AD ALL in writing and/or by deleting the user account within a period of one month of notification due to the amended terms and conditions. If the user does not terminate the contractual relationship within this period, the amended terms and conditions shall be deemed to have been agreed.

  12. § 12 Duration/termination of the contractual relationship
    1. This contract is concluded for an indefinite period; the user can terminate the contractual relationship at any time by deleting the user account. On the other hand, AD ALL is entitled to terminate the contractual relationship of its own accord on the last day of each month, subject to a notice period of one month.
    2. AD ALL also has the right to terminate the contract without notice by deleting the user account if there is an important reason for doing so. Important reasons:
      1. Violation of § 5.2 to § 5.4. or § 4
      2. AD ALL shall request the User to remedy any breach of a provision of this Agreement by the User within 14 days, but the User shall not comply with this request within the period set.
  13. § 13 Independent service providers
    1. Services from so-called Internet content providers (third parties) offered on the AD ALL platforms are generally subject to different general terms and conditions and may be subject to a charge for the user. For these reasons, the user is obliged to inform himself about the terms and conditions and fees of the third party provider before using the services. When using the services of an Internet Content Provider (ICP), a contractual relationship regarding the services offered applies exclusively between the ICP and the user, but not with AD ALL.
    2. AD ALL accepts no liability for the services of ICPs.
  14. § 14 Secrecy
    1. Data of other users (name, address, telephone number, messages, etc.) obtained when using the AD ALL platforms must be treated confidentially by the user. Without the prior written consent of the other user, the user may not make data accessible to third parties, either in whole or in part, either directly or indirectly.
    2. AD ALL and its users are obliged to comply with the General Data Protection Regulation (GDPR) and DSG (as amended) as well as any other statutory confidentiality obligations.
    3. All previous obligations remain valid even after termination of the contractual relationship.
  15. § 15 Place of fulfillment / place of jurisdiction / choice of law / contract language
    1. The place of fulfillment is Eisenstadt.
    2. In the event of legal disputes with consumers, the statutory places of jurisdiction under the Consumer Protection Act shall apply to consumers who have their domicile or habitual residence in Austria or who are employed in Austria.
    3. Austrian law shall apply, to the exclusion of conflict-of-law rules of private international law (e.g. IPRG, EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
    4. The contract language is German.
  16. § 16 Partial invalidity

    In the event that individual provisions of this contract become legally ineffective, void and/or invalid in the course of its term, all other provisions shall not lose their legal effectiveness and validity. The contracting parties therefore undertake to replace legally ineffective, void and/or invalid provisions. The new, replacing provisions must be legally effective and valid and should correspond as closely as possible in their effects to the replaced provisions.

  17. § 17 Final provisions
    1. All legally binding declarations on which this contract is based must be made in writing to the last known e-mail address of the other contracting party. A declaration shall be deemed to have been delivered to the respective contracting party if it is sent to the last known e-mail address.
    2. The headings chosen for the individual chapters are for convenience only and are therefore not intended for the interpretation of this contract.
  18. § 18 Data use, disclosure / consent pursuant to § 107 TKG
    1. The privacy policy of AD ALL, which is an integral part of these General Terms and Conditions, is shown under 'Privacy Policy'. The user declares to have read and understood this privacy policy and to accept it in full.
    2. The user agrees to receive messages for advertising purposes from AD ALL or third parties commissioned by AD ALL in accordance with § 107 of the Telecommunications Act. This consent can be revoked by the user at any time in the notification settings.