TERMS AND CONDITIONS

Introduction

Please read the following important Terms of Service Agreement (the “Agreement”) before accessing or using any of the various services (the “Services”) made available to you (the “customer”) by Home Town Media GmbH (metropole.at, Praterstraße 1/2/Space 21, 1020, Wien) through https://metropole.city/directory, or mobile applications or otherwise. By completing the registration process to a Home Town Media GmbH website, you represent that you can and will be legally bound by this Agreement. No Member may participate where doing so would be prohibited by any applicable law or regulation.

Description of Services

As a customer, you will be provided with a variety of Services, as described on the metropole.city/directory website. The customer may also utilize certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. Home Town Media GmbH reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at Home Town Media GmbH’s sole discretion, with or without notice to the customers, and with no obligation to the customers.

Member Conduct

Use of the Services by you, as customer, is subject to all applicable local, state, national and international laws and regulations. Home Town Media GmbH reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Home Town Media GmbH guarantee that any monitoring it does perform will be to the Member’s satisfaction. Upon learning of any violation of this Agreement, Home Town Media GmbH, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that Home Town Media GmbH deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Home Town Media GmbH reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

  1. you shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a customer’s use of site or stalking.
  2. you shall not list the email addresses or personal details of people unknown to them.
  3. you shall not list as referrals any email addresses that are fake, fictitious, or made up.
  4. you shall not list as referrals any email addresses which are owned by or belong to that customer.
  5. you shall not attempt to interfere with any other person’s use of the Services.
  6. you shall not misrepresent your identity or impersonate any person or entity, including, but not limited to, a Home Town Media GmbH employee, forum leader, guide or host.
  7. customers shall not hold themselves out as sponsored by, endorsed by, or affiliated with the Home Town Media GmbH website.
  8. customers shall not use the Home Town Media GmbH website to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation unless within the commercial services available within Home Town Media GmbH to be able to do so.
  9. customers shall not use any portion of the Home Town Media GmbH website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libellous, hateful, or racially, ethnically or otherwise objectionable.
  10. customers shall not engage in any activity that is patently offensive or promote or otherwise solicits racism, bigotry, hatred or physical harm of any kind against any group or individual.
  11. customers shall not use any portion of the Home Town Media GmbH website or the Services to post, share, promote, depict, encourage, solicit or exchange content harmful to minors.
  12. customers shall not upload photos, graphics or other content that contain or promote illegal substances or activities.
  13. customers shall not post content that displays pornographic or sexually explicit material of any kind unless within an area that is specifically designated requiring confirmation of being over the age of 18.
  14. customers shall not attempt to gain unauthorized access to Home Town Media GmbH’s database or other computer systems.
  15. customers shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Home Town Media GmbH in connection with the Home Town Media GmbH website or the Services.
  16. customers shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Home Town Media GmbH website.
  17. customers shall not use any portion of the Home Town Media GmbH website or the Services for any unlawful purpose.
  18. Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
  19. customers shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
  20. customers shall not publicly post information that poses or creates a privacy or security risk to another person.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Home Town Media GmbH and its designees. Home Town Media GmbH has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the Home Town Media GmbH Services. Home Town Media GmbH and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of Home Town Media GmbH. Home Town Media GmbH is not obligated to provide a Member with a warning prior to removal.

Privacy

Home Town Media GmbH has established a Privacy Policy to explain to the customers how their information is collected and used, which the customer can read by clicking privacy policy. The policy explains how and when Home Town Media GmbH may use the customers’ information and content.

Member Account and Password

Once the customer registers for Home Town Media GmbH, the customer will have a password and an account with Home Town Media GmbH. The customer is responsible for maintaining the confidentiality of the customer’s password and account. Furthermore, the customer is entirely responsible for any and all activities that occur under the customer’s account. The customer agrees to immediately notify Home Town Media GmbH of any unauthorized use of the customer’s account or any other breach of security known to Member.

Mobile

Home Town Media GmbH may offer the Services through a mobile website and/or mobile applications (collectively, the “Mobile Applications”). This Agreement governs all Services that are accessible on or through the Mobile Applications. Although we provide our Services through the Mobile Websites free of charge, your mobile carrier’s standard fees and rates will still apply. You accept responsibility for all charges.

Copyrights, Trademarks, Patents and Intellectual Property Rights

The customer acknowledges that messages, files or other materials (“Content”) contained on the Home Town Media GmbH website and within Home Town Media GmbH email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to the customer by Home Town Media GmbH and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The customer is permitted to use Home Town Media GmbH Content or third party Content only as expressly authorized by Home Town Media GmbH or the third party advertiser. The customer may not copy, reproduce, distribute, or create derivative works from the Home Town Media GmbH Content or third party Content without expressly being authorized to do so by Home Town Media GmbH or the third party advertiser.

Customer Content

Although Home Town Media GmbH does not claim rights ownership of the customers uploaded content, the customers automatically grant, and represent and warrant Home Town Media GmbH a worldwide, irrevocable, perpetual, non-exclusive, and fully sub-licensable, license to use, copy, perform, display, and distribute the said content. The customers also automatically grant that Home Town Media GmbH has the right to retain the customers content on Home Town Media GmbH sites even in the instance a customer is revoked from using a Home Town Media GmbH site. It is the customer’s responsibility to only provide us with content the customers have ownership and copyrights for.

Subscription

Monthly Subscription:
By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.
Annual Subscription:
By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

Termination

The customer can cancel the Service within the first 24 hours of placing the order. To request this change, the Member will send an email to directory@metropole.at and will be refunded by Home Town Media GmbH. After this time, cancellations and refunds are only possible through the methods described underneath.

Cancellation Policy

You may cancel your Monthly Subscription at any time directly in your account or by sending an email to directory@metropole.at. If you cancel your Monthly Subscription, the cancellation will take effect for your next monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.
Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year, directly in your account or by sending an email to directory@metropole.at.

Disclaimer of Warranties

The customer agrees that the use of the Home Town Media GmbH website and the services is entirely at the customer’s own risk. The Home Town Media GmbH website and the services are provided on an “as is” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Home Town Media GmbH disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Home Town Media GmbH website and the services. To the fullest extent permitted by law, Home Town Media GmbH disclaims any warranties for other services or goods received through or advertised on the Home Town Media GmbH website or the services accessed through any links on the Home Town Media GmbH website. To the fullest extent permitted by law, Home Town Media GmbH disclaims any warranties for viruses or other harmful components in connection with the Home Town Media GmbH website or the services.

Limitation of Liability

Under no circumstances shall Home Town Media GmbH be liable on account of member’s use or misuse of the Home Town Media GmbH website or the services, whether the damages arise from use or misuse of the Home Town Media GmbH website or the services, from inability to use the Home Town Media GmbH website or the services, or the interruption, suspension, modification, alteration, or termination of the Home Town Media GmbH website or the services. Such limitation shall also apply with respect to damages by reason of other services or products received through or advertised in connection with the Home Town Media GmbH website or the services or any links on the Home Town Media GmbH website, as well as by reason of any information or advice received through or advertised in connection with the Home Town Media GmbH website or the services or any links on the Home Town Media GmbH website. These limitations shall apply to the fullest extent permitted by law.

Indemnification

The customer agrees to indemnify and hold Home Town Media GmbH, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. The customer agrees to hold Home Town Media GmbH harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to Member’s violation of this Agreement.

Sponsors, Third Parties, and Advertisers

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Home Town Media GmbH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.

Governing Law

The Agreement and the relationship between the customer and Home Town Media GmbH shall be governed by and construed in accordance with the laws of Austria, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and Home Town Media GmbH nevertheless agree that the court should endeavour to give effect to your and Home Town Media GmbH’s intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to Home Town Media GmbH, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Home Town Media GmbH makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.

Agreement

The Agreement constitutes the entire agreement between the customer and Home Town Media GmbH and governs your use of Home Town Media GmbH and the Services, superseding any prior agreements between Member and Home Town Media GmbH. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software or other services within Home Town Media GmbH. The failure of Home Town Media GmbH to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Modifications

Home Town Media GmbH reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Home Town Media GmbH’s sole discretion. The most recent version of this Agreement will be posted on the Home Town Media GmbH website. As a customer it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should any customer object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Home Town Media GmbH in any way, the customer’s only recourse is to immediately:
discontinue use of Home Town Media GmbH websites;
terminate Home Town Media GmbH registration; and
notify Home Town Media GmbH of termination.