imc Express Terms of Use
Terms of Use for “imc Express”
1. Your agreement with us
1.1 Your use of imc Express (the "Product"), including the videos, photos and other content provided to you by imc information multimedia communication GmbH, St. Peter Hauptstraße 27, 8042 Graz, Austria ("IMC", "us", "we") in connection with the Product is subject to these Terms of Use. You have been given access to the Product on the basis of a contract that we have entered into with your organisation (hereinafter "Customer Contract").
2. Acceptance of the Terms of Use
2.1. To use the product, you must first agree to the Terms of Use. You may not use the Services if you do not accept the Terms.
2.2. You are not allowed to use the Services nor accept the Terms under the following conditions: if (a) you have not yet reached the legally required age to form a binding contract with IMC; or (b) under the law of the country in which you reside or from which you access or use the Product, you are excluded or otherwise prohibited by law from receiving or using the Product.
2.3. You should print the Terms for your records or save them locally.
3. Language of the provisions
3.1. As far as IMC provides you with a translation of the German language version of the Terms of Use, this is merely for your convenience. Regarding your relationship with IMC, only the German language version is authoritative.
3.2. If discrepancies or contradictions between the German language version and a translated version exist, then the German language version always prevails.
4. Changes in provisions
4.1. The Product is modified by IMC on a regular basis to provide the best possible experience for its users and therefore the shape of the Product may change from time to time without prior notice to you. These changes are in particular adaptations of the user interface and the applications made available.
4.2. IMC may also adapt and amend these Terms of Use. In such a case, we will notify you separately of these changes via your specified contact address (in particular e-mail address) or directly when you enter imc Express. If you do not agree with the changes, you have a right of objection which you can exercise within four weeks of receipt of the changes. If you do not assert this within the deadline, this shall be deemed to be your consent to the changes. Your right to object and the deadline for doing so will be pointed out again separately when you are contacted about the changes.
5. User account
5.1. A user account is required to use the product. When you set up your account, you must provide accurate and complete information. It is important that you keep the password to your user account secure and confidential.
5.2. You must inform IMC immediately of any infringement of security precautions that you become aware of or any unauthorised use of your user account.
5.3. You may not disclose your password to any third party, nor allow any third party (whether for commercial or non-commercial reasons) to access your user account.
5.4. Finally, you undertake to notify IMC immediately of any changes to the information provided when setting up the user account (e.g. change of e-mail address).
6. Liability
6.1. You undertake to indemnify and hold IMC harmless from and against any third party claim that your use or the content you upload or create violates these Terms, including without limitation items 7 and 8.
6.2. The liability of IMC is limited to gross negligence. This does not affect IMC's liability for personal injury.
7. Illegal contents and blocking of accounts
7.1. You agree not to create, edit or upload to the Product any unlawful or offensive content.
7.2. Illegal content includes, but is not limited to, content that infringes copyright or other intellectual property rights, content that is a judicial offence (e.g. defamation, libel or incitement to hatred, according to sections 111, 115, 283 Austrian Penal Code (StGB)).
7.3. Offensive content includes, in particular, statements that incite violence or hatred (hate speech) as well as content that glorifies violence or is excessively violent.
7.4. If we have reason to believe that you are nevertheless using illegal or offensive content in the product contrary to the above, we reserve the express right to (i) remove this content, (ii) temporarily block your user account or (iii) in the case of particularly serious or repeated violations, also permanently block your user account. In this case, you are also expressly prohibited from circumventing this block by creating or using another account or by using third-party accounts.
8. Integration of stock photos
8.1. To help you create your content, IMC has integrated so-called stock photos from the platform "Unsplash" into the product, which you can access as part of using the product.
8.2. You agree to comply with the licence terms of these stock photo platform (available at: https://unsplash.com/license), as well as the relevant passages of the terms of use of these platform (item 5, item 8.G and item 8.H of the terms, available at: https://unsplash.com/terms) in relation to these stock photos.
8.3. You hereby undertake in particular not to download these stock photos in detail (i.e. without incorporating them into your own content) and not to circumvent our technical precautions in this respect.
8.4. You further agree not to portray any person identifiable in the stock photos you use in a manner that is offensive, associates them with the endorsement of any product or service, places them in a political context, portrays them as having any physical or mental illness or engaging in immoral or criminal activity.
9. Use of “Express GPT”
9.1. By using the Express GPT features, you agree that IMC uses software from OpenAI, L.L.C., 3180 18th St., San Francisco, CA 94110, USA (hereinafter "OpenAI"), which generates content automatically on your command based on so-called "Deep Learning". You agree to use the Express GPT only in accordance with the terms and conditions set forth by OpenAI in the
- Terms of Use (https://openai.com/terms/),
- Service Terms (https://openai.com/api/policies/service-terms/),
- Content Policy (https://labs.openai.com/policies/content-policy),
- Sharing & Publication Policy (https://openai.com/api/policies/sharing-publication/)
- API Usage Policies (https://beta.openai.com/docs/usage-policies)
In the event of a breach of these OpenAI terms and conditions, the consequences set out in these imc Express Terms of Use shall apply mutatis mutandis
9.2. We would like to point out that content generated automatically via the Express GPT functions may be incomplete, misleading, incorrect or false. It is your responsibility to check the automatically generated content. IMC is not liable for this content and in particular not for its completeness, accuracy or correctness.
9.3. According to OpenAI, data sent to the OpenAI API will not be used to train or improve OpenAI models (for more information please read https://platform.openai.com/docs/models/gpt-base).
10. General restrictions on use
10.1. You agree not to alter or modify any part of the Product and not to bypass, disable or otherwise interfere or attempt to interfere with any security-related function of the Product.
10.2. You agree not to access any content made available through the Product using any technology or means other than those expressly designated by IMC for such purpose.
11. Cancellation and termination of your use of the product
11.1. The contractual relationship concluded with you on the basis of the Terms of Use may be terminated by either party by giving one month's notice to the last day of each month. However, this does not affect the Customer Contract in any way.
11.2. Upon termination of the Customer Contract, the contractual relationship concluded with you on the basis of the Terms of Use ends automatically.
12. Final provisions
12.1. If any provision of this Agreement is invalid, it shall, to the extent permitted by law, be replaced by that provision which economically comes closest to the invalid provision.
12.2. You acknowledge and agree that each member of the group of companies belonging to IMC is a third party beneficiary to the Terms and that these other companies are entitled to rely on and immediately enforce any provision laid down in these Terms that gives you an advantage (or rights). Apart from this, no other person and no other company are intended to be a third party beneficiary to the Terms.
12.3. These Terms of Use and the legal relationships arising from them are subject to Austrian law.
12.4. For disputes arising from or in connection with this agreement, the exclusive jurisdiction of the objectively competent court for 8042 Graz is agreed.