Terms of Service

These are the Terms of Service ("ToS") for gitlab.atvg-studios.com (the "Service"), provided by ATVG-Studios and Thomas Obernosterer (the "Provider").

Effect of the ToS

With 10th of November 2020 the Provider releases the following modified ToS to the Public.

Who do these ToS apply to?

These ToS do apply to every person, company or entity of any kind (an "Entity") using the Service either through its User-Interface or Application Programming Interface (API).

Once an Entity starts to use the Service, they become a user (the "Customer").

Changes in ToS

Any Customer using the Service is requrested to frequently check the ToS on their Publication Page and accept as well as adopt to changes in the Terms.

The Provider is not responsible to inform the Customer of such changes.

Definitions

ToS: Terms of Service
Provider: ATVG-Studios and Thomas Obernosterer
Service: the software provided under gitlab.atvg-studios.com
Entity: person, company or entity of any kind
Customer: an Entity using the Service
Laws: local, national or international laws of the Customer, as well as the Laws of the European Union and the Austrian Republic.
Takedown: a method to report violations of the ToS to trigger actions of punishment performed by the Provider
PoC: Prove of Concept
Unwanted-Content: insulting, left-wing or far-right propaganda, illegal, hateful, discriminating, disrespectful, pornographic or any illegal content also including malicious or otherwise dangerous code, malicious commands or other dangerous shell exploits other then PoC's if explicitly marked as such

§1 fair usage of our Service

The Provider is providing the Service free of charge to any potential Customer.
This free offer is unlimited in time, yet limited to 50 Projects per Customer.
The Customer can register a free account at any time as long as they are willing to accept and comply to these ToS.
The Provider is currently not offering a Paid solution for unlocking more then 50 Projects.
Once a Customer has reached 50 Projects and seems to not misuse the Service, the Customer can contact the Provider and ask to unlock more Projects.
This free of charge extension of the Projects limit may be limited or removed in the future.
The Customer may not try to harm the Provider or any other Entity by using Spamming, DoS, DDoS or any other attack of any kind.
The Customer may face legal action in the event any such attack was performed and proven to be linked to the Customer in question.
The Customer may not misuse any functionality to gain profits for them and their associates or cause losses to the Provider or any other Entity, this is considered harming.
The Customer may treat other Customers with respect.

§2 compliance to the laws

The Provider requests that any Customer using the Service is in compliance to the Laws.
The Provider considers a violation of any of these Laws as a breach of the ToS.

§3 restriction for Accounts

The Customer may not use Unwanted-Content in any of their Public Account data.
This includes, but is not limited to, the Username, Public Email, Profile Picture, Description, Website, Workplace.
The Provider requests to limit a Accounts usage to the Customer who created the account.
The Provider will in any case punish the Customer who created the Account in the event of a ToS violation.

§4 restriction for user created content

The Customer may not write any Unwanted-Content in their or another Customers Projects, Snippets, Wikis, Comments, Issues, Milestones, Groups or any other user creatable content.
The Provider requests that the Customer complies to Licenses given by content created by others, regardless if the other Entity is a Customer of the Service or not.
This includes, but is not limited to, following allowances and restrictions of any given license.
The Provider sees a violation in the case the content is not licensed at all. As this is the case for many closed-sourced corporate software.
In this case the Provider may investigate and request the Customer to prove that there is not a corporate software.
1. A corporate may give a Customer the permission to publish the content on our platform.
  In this case the corporate is asked to provide the same allowance to the Provider.
  This is to prevent a third-party Law company to see a violation in copyright.
The Customer may not misuse any functionality of the Service to harm the Provider, other Customers or any other Entity.
The Provider is not liable for damages in the case the Customer uploads content that is violating this ToS, as long as the Provider is unaware of such case.
As described in §§ 5 and 6, the Provider will take action once they become aware of such violation.
The Provider is not activly monitoring Customer content and may need to be informed of violations.
The Customer may not distribute Unwanted-Content using the Pages hosting feature of the Service.

§5 takedowns

The Provider is willing to listen to Customers and any Entity complaining about violations of the ToS in the form of a Takedown request.
A Takedown is a form of punishment by the Provider in which any user created content or Account may be taken offline, changed or limited.
1. The Customer has to be informed about a active Takedown right before the Provider performs actions of punishment.
  This allows the Provider to look into the Request before the Customer in question can make any modifications to the content that was reported.
2. In the case the Provider does not take action (a rejection of the Request), the Customer must not be notifed.
  The Customer can by temselfs ask if a Takedown was created for their account, that was rejected.
The Customer may not create Takedown requests for no viable reason.
Viable reasons include, but are not limited to, violation of the ToS of the Service.
Actions following a Takedown request are considered Permanent unless the creator of the Punished creation is able to prove the Takedown was unjustified.
The Provider is preserving the right to perform Takedowns by themselfs if a violation was noticed.
The same notification rules apply as in section 2 above.
A Customer may create a Takedown at any time using the following options,
it is to note that any Takedown must follow a specific template.
Those can be found here: https://gitlab.atvg-studios.com/takdown/td-requests/-/blob/master/.gitlab/issue_templates
The options are:
1. Using the Takedowns repository over at https://gitlab.atvg-studios.com/takdown/td-requests
2. Writing an Email to enforcement@atvg-studios.com or office@atvg-studios.com when providing [Takedown] in the Subject.

§6 breach of ToS

The Provider may warn a Customer about breach of the ToS. The Customer will have 7 days to respond to such warning, otherwise futher action will be enforced.
The Provider may option to punish and/or ban a Customer from the Service given 5 warnings or a major violation against the ToS or Laws.
1. A ban may be permanent, and the Customer accepts to not try to use the Service anymore after such Ban.
2. If the Customer tries such thing, the Provider may consider legal actions to permanently remove the Customer from their Service.
The Provider will take appropriate actions to any kind of breach, this includes simple punishment of the Customer as well as legal actions.
The Customer who was punished under §6 paragraph 1 might not be considered a Customer anymore and may not become a Customer again.

§7 account deactiviation

The Provider will deactivate a Customers account after more then 8 months of inactivity.
The Customers account will not be able to access the Service through access tokens after deactivation.
1. The Customer can reactivate the Account by simply logging in with their credentials to the Service, this will automatically reactivate the account.
  This will restore all access to the Customers content.

Privacy Policy

Information obligation according to §5 E-Commerce Act, §14 Corporate Code, §63 Trade Regulations and Disclosure Obligation according to §25 Media Act.

Thomas Obernosterer

Micheldorf 1, 9624 Hermagor, Austria

Phone: +436688092061

E-Mail: office@atvg-studios.com

Source: Created with the imprint generator of firmenwebseiten.at in cooperation with signalkraft.at

EU-Dispute Settlement

Information on online dispute resolution: Consumers have the opportunity to submit complaints to the EU's online dispute resolution platform. You can also address any complaint to the above e-mail address.

Liability for the content of this website

We are constantly developing the contents of this website and strive to provide correct and up-to-date information.

Unfortunately, we can not assume any liability for the correctness of all content on this website, especially for those provided by third parties.

If you notice any problematic or unlawful content, please contact us immediately, you will find the contact details in the imprint.

Liability for links on this website

Our website contains links to other websites whose content we are not responsible for.

If you notice unlawful links on our website, please contact us, you will find the contact details in the imprint.

Copyright Notice

All contents of this website (pictures, photos, texts, videos) are subject to copyright.

If necessary, we will legally prosecute the unauthorized use of parts of the contents of our site.

Photo credit

The pictures, photos and graphics on this website are protected by copyright.

The image rights are with their legitimate creators.

Data protection

data protection

We have written this privacy policy (version 05.06.2018-221062492) to explain to you in accordance with the provisions of the EU General Data Protection Regulation, which information we collect, how we use data and what options you have as a visitor to this website.

Unfortunately, it is in the nature of things that these explanations sound very technical, but we tried to describe the most important things in a simple and clear manner.

Automatic data storage

When you visit websites today, certain information is automatically created and stored, including on this website.

If you visit our website as it is now, our web server (computer where this website is stored) automatically stores data such as

the address (URL) of the website you are visiting
Browser and browser version
the operating system used
the address (URL) of the previously visited page (referrer URL)
the host name and IP address of the device from which it is being accessed
Date and Time
As a rule, web server log files are stored for two weeks and then automatically deleted.

We do not disclose this information, but we can not rule out that it will be seen in the event of unlawful behavior.

Storage of personal data

Personal data that you submit electronically to us on this website, such as name, e-mail address, address or other personal information in the course of submitting a form or comments in the blog, will be provided by us together with the time and the IP address.

Will only be used for the specified purpose, kept safe and not disclosed to third parties.

We only use your personal data for communication with those visitors who expressly request contact and for the handling of the services and products offered on this website.

We will not disclose your personal information without consent, but we can not rule out that this information will be seen in the event of unlawful behavior.

If you send us personal information by e-mail - outside this website - we can not guarantee secure transmission and protection of your data. We recommend that you never send confidential data by e-mail.

Rights according to data protection basic regulation

According to the provisions of the GDPR and the Austrian Data Protection Act (DSG), you have the following rights in principle:

Right to correction (Article 16 GDPR)
Right to cancellation ("Right to be forgotten") (Article 17 GDPR)
Right to restriction of processing (Article 18 GDPR)
Right to a notification - Obligation to notify in connection with the correction or deletion of personal data or limitation of processing (Article 19 GDPR)
Right to data portability (Article 20 GDPR)
Right of objection (Article 21 GDPR)
Right not to be subjected to a decision based solely on automated processing - including profiling - (Article 22 GDPR)

If you believe that the processing of your data violates data protection law or your data protection claims have otherwise been violated in any way, you can complain to the supervisory authority, which is the data protection authority in Austria, whose website you can visit here: dsb.gv.at.

TLS encryption with https

We use https to transfer data securely on the Internet. By using TLS (Transport Layer Security), an encryption protocol for secure data transmission over the Internet, we can ensure the protection of confidential data.

You acknowledge the use of this security of data transfer at the small lock symbol in the upper left corner of the browser and the use of the https scheme as part of our Internet address.

Cookies

Our website uses HTTP cookies to store user-specific data.

A cookie is a short data packet that is exchanged between the web browser and the web server, but is completely meaningless to the user and only for the web application, eg. As an online store, receives meaning, such as the contents of a virtual shopping cart.

There are two types of cookies: First-party cookies are created by our website, and third-party cookies are created by other websites (eg Google Analytics).

There are three categories of cookies: essential cookies to ensure basic functionality of the website, functional cookies to ensure website performance and targeted cookies to improve the user experience.

We use cookies to make our website more user-friendly. Some cookies remain stored on your device until you delete them. They allow us to recognize your browser on your next visit.

If you do not want this, you can set up your browser so that it informs you about the setting of cookies and you allow this only in individual cases.

You can always delete cookies that are already on your computer or disable cookies. The procedure for doing this varies according to browser, it is best to look for the instructions in Google for the term "delete cookies chrome" or "disable cookies chrome" in the case of a Chrome browser or exchange the word "chrome" for the name of your browser, eg. B. brave, edge, firefox, safari.

If you generally do not allow us to use cookies, i. disable them via browser setting, some features and pages may not work as expected.

Google Fonts Privacy Policy

We use Google Fonts from Google Inc. (1600 Amphitheater Parkway Mountain View, CA 94043, USA) on our website.

Google Fonts are used without authentication and no cookies are sent to the Google Fonts API.

If you have an account with Google, none of your Google Account information will be transmitted to Google while using Google Fonts. Google only records the use of CSS and the fonts used and stores this data securely.

More about these and other questions can be found at https://developers.google.com/fonts/faq.

What data Google collects and how it uses this information can be found at https://www.google.com/intl/en/policies/privacy/.

Google reCAPTCHA Privacy Policy

We use Google reCAPTCHA from Google Inc. (1600 Amphitheater Parkway Mountain View, CA 94043, USA) to prevent spam.

The legal basis for use is Article 6 (1) f (lawfulness of processing), as there is a legitimate interest in protecting this website from bots and spam.

reCAPTCHA is a free service that protects websites against spam and abuse.

It uses advanced risk analysis techniques to keep people and bots apart. With the new API, a significant number of your valid human users will pass the reCAPTCHA challenge without having to solve a CAPTCHA.

We use reCAPTCHA to secure forms.

By using reCAPTCHA, data will be transmitted to Google using Google to determine whether the visitor is human or spam.

To see what data Google collects and what this data is used for, visit https://policies.google.com/privacy?hl=en.

Google's Terms of Service and Products can be found at https://policies.google.com/terms?hl=en.

Twitter Privacy Policy

We use features on this website from Twitter, a Twitter International Company social network, One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland.

This also allows personal data to be transmitted to Twitter.

We do not monitor this data exchange and do not store anything about it.

If you would like to know more about the use of your data by Twitter, you will find all the information in the Twitter Privacy Policy at https://twitter.com/privacy.

If you have an account on Twitter, you can change your privacy settings in Account Settings at https://twitter.com/settings/account.

Google+ Privacy Policy

We use features on Google+ from Google+, the social network of Google Inc. (1600 Amphitheater Parkway Mountain View, CA 94043, USA).

If you want to take full advantage of the features offered, you'll need a Google Account.

Even when using the functions (Google +1 Buttons, Google+ Badge, Follow button, Google+ Share button and Link, Sign-In Button, Hangout Button) without Google Account information is already sent to Google.

If you're signed in with your Google Account while using the features listed above, your information will be published worldwide at https://plus.google.com/settings/, and Google collects and evaluates it, as appropriate.

What data Google collects and how it uses this information can be found at https://www.google.com/intl/en/policies/privacy/.

Gravatar Privacy Policy

We use on this website Gravatar of the company Automattic Inc. (60 29th Street # 343, San Francisco, CA 94110, USA) to associate user pictures (avatars) with comments and comments based on the email address.

A Gravatar is a Globally Recognized Avatar - a globally available user image - which can be assigned to an e-mail address and used in various online services.

Since an image is displayed only when using an email address registered with Gravatar and thus data is transferred to Gravatar, you can prevent the transmission of your data to Gravatar by commenting or using a non-registered email address at Gravatar Write contributions.

The legal basis for the use is Article 6 (1) f (lawfulness of the processing), because there is a legitimate interest in the composition of content (contributions, comments, ..) of this website to offer the opportunity to assign a self-selected image of your own content ,

Automattic is an active participant in EU-US. Privacy Shield Framework which regulates the correct and secure transfer of personal data. More information can be found at https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC. More details on the Privacy Policy and what data is collected by Gravatar in any way can be found at https://automattic.com/privacy/, general information about Gravatar at http://www.gravatar.com/.

Additional disclaimer for the Privacy Policy

This site has been transated from German to English using Google Translate, we do NOT guarantee that everything is corrent in terms of the english language.