Uberch.at - Terms of Service

1. Welcome

Welcome to Uberch.at! Our site provides a chat widget that may be installed anywhere online. This document constitutes a legally-binding agreement (“Agreement”) between "Die Socialisten" Social Software Development GmbH (referred to as “Uberch.at”, “us,” “we,” and “our” ), the owner of Uberch.at (“Site”) and any associated “Services” including our chat widget and you (referred to as “you,” “user,” “business owners” and “your”), the person who is being presented with this document for your agreement. If you do not agree with any of the terms or conditions listed please stop using our Site and Services immediately. We may modify our terms of service or privacy policy in the future. You must agree with such modifications to continue using our Site and Service. In order to use our widget or chat through our service, you must be over the age of 13.

2. Description of Service

Uberch.at is a free, real-time, live chat widget that any 3rd party can integrate on their website by adding a single line of code. Users of our chat widget need to log in through Facebook to begin chatting and using our widget.

3. Use of Our Widget

In order to use our chat widget, you merely need to copy our code and embed it into your site. In order to chat using our widget, users only need to log in with their Facebook account and name. We may collect any information made available through a user’s Facebook account. Additionally, if you decide to use our widget, you agree that:

4. Grant of Limited License to Use Our Widget

You are given a license to use our widget. After embedding our widget we grant to you a non-transferable, non-exclusive, revocable, limited license subject to this Agreement and the Privacy Policy.

You may be able to pay for additional services through our Site. Please be aware that these payments grant no ownership interest to you. We merely grant you an additional limited license to use the paid for features that are revocable by us.

As a user, your license is limited to your personal use and entertainment only. This means you cannot sell our widget anywhere else, share your license to use our widget with anyone else, reverse engineer or otherwise attempt to copy our widget, or try and make money off of it without our express written permission. Even if we offer our widget for free, you must still abide by these provisions and may not copy or otherwise use our widget in a manner prohibited by this section.

5. Paid Products

If you are interested in using our paid services please contact us at support@socialisten.at.

6. Public Display

Please be aware that all chats using our widget can be publicly viewed. It is recommended that you act in a respectful and polite manner.

7. Rules of Conduct

We have worked very hard to create Uberch.at. Therefore, when using our widget or chatting through our Service you agree that you and your end users will not:

We may terminate your access to Uberch.at at any time for violations of these rules of conduct or at our discretion.

8. Our Copyright

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Service without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found on Uberch.at. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data or point keeping systems, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.

9. Your Copyright

Any content submitted by you or your end users will be owned by you or your end users. However, you agree to you grant Uberch.at and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your content and anything we may make with your content through Uberch.at or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with our widget, and to use your content to advertise and promote Uberch.at. The foregoing license granted by you terminates once you remove our Uberch.at widget. However, we may keep and store such information for a period of up to 2 years after you have removed such information from our Site.

10. Trademarks

“Uberchat” and “Uberch.at” are trademarks used by us, "Die Socialisten" Social Software Development GmbH, to uniquely identify our Service, Site and widget. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.

11. COPPA Compliance

You must be at least 13 years of age to download or use our widget. We do not collect, process or store information from users under the age of 13.

12. Freedom of Speech

At Uberch.at we believe in freedom of speech and we allow our users to speak freely. However, we cannot be responsible for any speech disseminated through our chat widget as third parties independently install our widget on their websites. Therefore, we are not liable for any defamatory content posted on our website if published by a third party. Our widget only hosts content generated by users we do not alter or produce any content submitted. Although we may choose to edit or delete any clearly defamatory or illegal content, we are not required to, and we reserve all defenses for such speech made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws within the European Union, or the US Constitution.

13. Limitations on Liability

IN NO EVENT SHALL UBERCH.AT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT UBERCH.AT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT YOU EXPERIENCE A PROBLEM WITH OUR SERVICES YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING OUR SITE AND SERVICE. IN THE EVENT THAT YOU EXPERIENCE A PROBLEM WITH A THIRD PARTY WHILE USING OUR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS WITH THAT THIRD PARTY AND NOT UBERCH.AT. UBERCH.AT IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY PRODUCTS PURCHASED FROM OUR SITE.

For your convenience, the following are some important details of this Agreement that affect your rights and remedies:

  1. We are not required to or under any obligation to review, screen, edit, monitor, or remove any content posted on our widget or website and we reserve the absolute right to remove, screen, or edit any content at any time and for any reason without any notice to you or any party affecte
  2. We take no responsibility and assume no liability content that is posted, stored, uploaded, or transmitted to us, or for any loss or damages that may occur because such member content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity
  3. We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of Uberch.at, whether arising in tort or contract, law or equity;
  4. Your ability to use or interact with this website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.

UBERCH.AT SHALL NOT BE LIABLE FOR ANY OTHER REASON OR FOR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THIS CLAUSE IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF UBERCH.AT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE MINIMUM AMOUNT, IF SUCH A MINIMUM EXISTS.

14. Disclaimer of Warranties

OUR SITE, SERVICE AND WIDGET IS OFFERED “AS-IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER SORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR INFORMATION MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WIDGET. WE ARE NOT LIABLE FOR ANY FAILURE OF SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WIDGET WHICH PREVENT ACCESS TO OUR WIDGET TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “DISCLAIMER OF WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

15. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your legitimate use of our Service, or by your breach of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

16. Freedom of Speech

Uberch.at is an online chat widget. All users should be respectful and reasonable while communicating with others. Although we may choose to edit, block or delete any clearly defamatory or illegal content, we are not required to, and we reserve all defenses for such speech made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws within the European Union or the US Constitution.

17. DMCA Notices

We are serious about copyright infringement. For that reason, if you believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our Site or the Website using our widget which is infringing your copyright.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
  • You must sign this notification and send it to our Copyright Agent at: support@socialisten.at.

    Although no similar provisions exist under EU law, we recommend that you submit similar information to us about any alleged infringement from an EU location.

    18. Choice of Law

    This Agreement shall be governed by the laws in force in Austria. The offer and acceptance of this contract is deemed to have occurred in Austria.

    19. Forum of Dispute

    In case of any dispute between you and us, you agree that the proper forum to bring such dispute will be in a court or tribunal nearest to Vienna, Austria.

    If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

    You agree that in the event of a dispute arising from or relating to this Agreement or our provision of services to you, the unsuccessful party will be responsible for reimbursing the successful party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.

    20. Force Majeure

    You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, invasions, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

    21. Severability

    In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

    If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Uberch.at shall have the sole right to elect which provision remains in force.

    22. Non-Waiver

    We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

    23. Termination & Cancellation

    We may terminate your account or our provision of our Service to you, at our discretion without explanation, though we will strive to provide a timely explanation in most cases.

    24. Assignment

    You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

    25. Amendments

    We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You must visit this page each time you come to our Site and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement. You must agree to the amendments as a condition of your continued use of our Site and Service. If you do not agree, you must immediately cease using our Site and Service and notify us of your refusal to agree by e-mailing us at support@socialisten.at.

    26. California Users and Residents

    Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Uberch.at must be addressed to our agent for notice and sent via certified mail to:

    “Die Socialisten” Social Software Development GmbH
    Karl-Schwieghofergasse 12/5
    1070 Vienna
    Austria

    Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

    Last Modified: December 1, 2012