Terms of Use

Important legal information about your use of this site

Welcome to Stelum, the website, online service of Stelum OG (“Stelum”, “we”, or “us”), commercial register number FN 459825 p, Piaristengasse 8 | 1080 Vienna, Austria.

This Terms of Use and our Community Guidelines (collectively the "Agreement") govern your access to and use of the services and websites offered by Stelum (collectively the “Service”).

By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Stelum's Privacy Policy and Cookie Policy, whether or not you are a registered user of our Service.

This Agreement applies to all visitors, users, and others who access the Service (“Users”).

Please read this Agreement carefully, and contact us if you have any questions.

Use of Our Service

A. Who Can Use Stelum

You may use the Service only if you agree to form a binding contract with us and when you are not a person prevented from receiving any services under the laws of the applicable jurisdiction.

In any case, you must be either (a) at least 18 years old or (b) at least 13 years old (or over 14 years old if you live in Austria) and have a parent’s or guardian’s consent to use the Service (your parents/guardians will enter into contract on your behalf). In some countries, stricter age limits may apply.

B. Stelum Service

Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Service.

You further acknowledge that we reserve the right to terminate this license at any time for any reason whatsoever. We also reserve all rights not expressly granted herein in the Service and the Stelum Content (as defined below).

C. Stelum Accounts

Your Stelum account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

If you create a Stelum account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity authorised to legally bind the entity to this Agreement, and (c) that you agree to this Agreement on the entity’s behalf.

By connecting to Stelum with a third-party service, you provide us permission to access, store and use your information from that service as permitted by that service.

You are prohibited from using another User’s account without permission.

You are further solely responsible to keep your password safe and confidential that you use to access the Service and for any activities or actions that occur on your account. We recommend using passwords that use a combination of upper and lower case letters, numbers and symbols with your account. Please notify us immediately of any compromise or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized access and use of your account.

You consent to us using the email address you provided to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, special offers or notifications for any changes on the terms and conditions of this Agreement.

You may delete your account in your account settings at any time.

D. Service Rules

You may use our Service only for lawful purposes.

You must not do any of the following:

  1. use the Service for unlawful purposes or to promote illegal activities;
  2. use the Service in any way that breaches any applicable local, national or international law or regulation;
  3. interfere with or compromise the system’s integrity or security or decipher any transmissions to or from our servers running the Service;
  4. take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  5. interfere with the proper functioning of the Service;
  6. access any content on the Service by any technology or means other than those provided or authorized by the Service;
  7. interfere with or disrupt (or attempt to do so) the access of any User, host or network using overloading, flooding, spamming or mail-bombing the Service, or by posting or distributing content that contains any invalid data, viruses, malware, worms, Trojan horses, time-bombs, keystroke loggers or malicious code, or use other device that could harm our technical infrastructure or system or that of our Users;
  8. bypass the measures we use to prevent or restrict access to the Service, including our features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
  9. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  10. access or tamper with non-public areas of the Service, Stelum's computer systems, or the technical delivery systems of Stelum's providers;
  11. collecting or harvesting any personally identifiable information, including account names, from the Service;
  12. knowingly send, receive, upload, download, use or reuse any material which does not comply with our content standards below (see “User Content”);
  13. use the Service to harass, threat, stalk, spam, or vandalise other Users;
  14. use the Service to transmit, or procure the sending of, any unsolicited or unauthorised advertising;
  15. knowingly post content that constitutes libel or defamation;
  16. post content that is false or inaccurate to deceive other Users;
  17. impersonate another person or otherwise misrepresent your affiliation with a person or entity to conduct fraud; or use the username of another User with the intent to deceive;
  18. infringe any copyrights, trademarks, patents, or other proprietary and intellectual property rights under applicable law.

If you operate a search engine or robot, or you republish a significant fraction of all Stelum Content (as we may determine in our reasonable discretion), you must additionally follow these rules:

  1. you must use a descriptive user agent header;
  2. you must follow robots.txt at all times;
  3. you must make it clear how to contact you, either in your user agent string, or on your website if you have one.
  4. We reserve the right, without prior notice to change the Service or stop the Service or features of the Service or create usage limits for the Service. We further reserve the right to permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, if in our sole discretion we determine that you have violated any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are solely responsible for your interactions with other Stelum Users, the use of the Service and any consequence thereof. For this reason, we shall have no liability for your interactions with other Users, or for any User’s action or inaction or for any loss or damage arising from the use of the Service.

User Сontent

When using the Service, registered Users can post content such as profile information, informational materials, photographs, images, comments, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). You can modify and delete any of your User Content at any time. Any User Content will be non-confidential and non-proprietary. We will not claim any ownership rights over User Content, but you retain ownership of all User Content you submit, post, display, or otherwise make available on the Service and are solely responsible for the User Content you post to Stelum and for any consequences thereof, including the use of your User Content by other Users and third party partners. By sharing User Content through the Service, you agree to allow others to view and/or share your User Content in accordance with this Agreement (see “User Content Licenses” below).

User Content must:

  1. be accurate (where it states facts);
  2. be genuinely held (where it states opinions);
  3. and comply with applicable law in any country from which it is posted.

You agree not to post User Content that:

  1. creates or is likely to create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
  2. creates or is likely to create a risk of any other loss or damage to any person or property;
  3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  4. constitute or contribute to a crime or a tort;
  5. contains any information or content that is deemed to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, vulgar, obscene, or otherwise objectionable;
  6. contains any information or content that is illegal and includes, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets;
  7. contains any information or content that you are precluded from making available under any law or under contractual or fiduciary relationships; or
  8. contains any information or content that is incorrect and not current;
  9. contains copyrighted material owned by any third party, or any other material that is subject to other third party proprietary or intellectual property rights, unless you have permission or consent or you are legally entitled to post the material from the owner and to grant Stelum all of the license rights granted herein.

We reserve the right, but are not obligated unless required by the law, to reject and/or remove any User Content that may violate these provisions or is otherwise inappropriate for the Service. You understand and acknowledge that publishing your User Content on the Service is not a substitute for registering it with any rights organization.

For the purposes of this Agreement, “Intellectual Property Rights” means patents, rights to inventions and works, copyright and related rights, moral rights, trademarks, service marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, methodologies, tools, specifications, documentation, works of authorship or creative works, knowledge, ideas, know-how, codes, source codes, data, data files, database rights, rights in confidential information (including know-how and trade secrets), rights in business processes and procedures, technical processes and procedures, methods of operation, systems, formulas, and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

You warrant, affirm and represent the following regarding User Content:

  1. you have the written consent of each and every person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  2. the User Content and Stelum's use thereof as contemplated by this Agreement and the Service does not violate any law or infringe any third party’s proprietary or intellectual property;
  3. all of your User Content and other information that you provide to us is truthful and accurate;
  4. you will not submit to Stelum any User Content or other material that is contrary to the Stelum Community Guidelines, currently found at https://stelum.com/community-guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

Stelum may use User Content without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Service or endorse any opinions expressed via the Service. The views expressed by Users on Stelum via the User Content shall in no way be presented as our views or values. For this reason, Stelum shall not be liable for any User Content that you post or send over the Service. We only act as a passive conduit for the online distribution and publication of your User Content. Any use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk. You further understand, agree and acknowledge that we shall not have any liability if you incur any damage if you are exposed to User Content that is inaccurate, objectionable, inappropriate for children, offensive, harmful, inaccurate or otherwise unsuited to your purpose. You are solely responsible for securing and backing up your User Content. You understand that your User Content may be republished and if you do not have the right to submit User Content for such use, it may subject you to liability. We will not have any liability for any use of your User Content by Stelum in accordance with this Agreement. We reserve the right at all times (but will not have an obligation unless otherwise required by the law) to remove, modify or refuse to distribute User Content on the Service for any reason, including User Content that we believe violates this Agreement or our policies, or no reason, and to terminate Users or reclaim usernames. We further reserve the right to access, read, preserve, and disclose any information if we believed that it is reasonably necessary to

  1. satisfy any applicable law, regulation, legal process or governmental request (for example, subpoenas or warrants),
  2. enforce or administer the terms and conditions of this Agreement, including investigation of potential violations hereof,
  3. detect, prevent, or otherwise address fraud, security or technical issues,
  4. respond to user support requests, or
  5. protect the rights, property or safety of Stelum, its Users and the public.

Nothing in this Agreement shall restrict other legal rights Stelum may have to User Content, for example under other licenses.

User Content Licenses

A. Your License to Stelum

You retain all of your ownership rights in your User Content. However, posting any User Content on the Service expressly represents you have all rights necessary to grant Stelum a non-exclusive, royalty-free, transferable, sublicensable, assignable, perpetual, irrevocable, worldwide license to use, store, display, copy, reproduce, sell, save, process, adapt, modify, list information regarding, edit, translate, publish, transmit, syndicate, publicly perform, publicly display, distribute and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, for any advertising or promotional purposes, for use in connection with the Service and Stelum’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all form, media, technology or distribution methods (now known or later developed).

B. Stelum’s License to You

You acknowledge and understand that we are the owner and/or the licensee of all Intellectual Property Rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We hereby grant you the right to print off one copy, and to download extracts, of any page(s) from the Website for personal use only or for drawing the attention of others within your organisation to content posted on the Website. Nevertheless, you are precluded from modifying the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Despite of the right we provide you, you must acknowledge at all times that we and any of our identified contributors are the owners and/or licensees of the content on the Website and any Intellectual Property thereof. You are thus precluded from using any part of the content on the Website for any commercial purposes without prior official licence in writing from us or our licensors. If you print off, copy or download any part of our website in breach of this Agreement, your right to use the Website will cease immediately, you must, at our option, return or destroy any copies of the materials you have made, and you hereby acknowledge that you will be subject to any legal action we may pursue against you as the rightful owners and/or licensees of the Intellectual Property Rights.

Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, graphics, illustrations, text, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Stelum Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Stelum and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement will create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Stelum Content. Use of the Stelum Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including, but without limitation to, the way we can improve the Service or our products (“Ideas”). You agree that any submission of any idea is gratuitous, unsolicited and will not adversely place Stelum under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Stelum does not waive any rights to use similar or related ideas previously known to Stelum, or developed by its employees, or obtained from sources other than you.

Stelum Property

Certain aspects of the Service may allow you to obtain certain reputational or status indicators (“Stelum Property”). You understand and agree that regardless of terminology used, Stelum Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Stelum's sole discretion. Stelum Property is not redeemable for any sum of money or monetary value from Stelum at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Stelum on Stelum’s servers, including without limitation any data representing or embodying any or all of your Stelum Property. You agree that Stelum has the absolute right to manage, regulate, control, modify and/or eliminate Stelum Property as it sees fit in its sole discretion, in any general or specific case, and that Stelum will have no liability to you based on its exercise of such right. All data on Stelum's servers are subject to deletion, alteration, or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history, and account content residing on Stelum’s servers, may be deleted, altered, moved, or transferred at any time for any reason in Stelum’s sole discretion, with or without notice and with no liability of any kind. Stelum does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Stelum’s servers.

Medical Information

Any medically related content, whether User Content or otherwise found on the Service, is not intended and thus shall not be regarded as medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created. If you think you may have a medical emergency, call your doctor or your local emergency number immediately. The Service is not a substitute for professional medical advice, examination, diagnosis, or treatment. You should not delay or forego seeking medical treatment or disregard any professional medical advice. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment. The Service should not be used to diagnose, treat, cure, or prevent disease without the supervision of a doctor or qualified healthcare provider. The Service does not recommend nor endorses any tests, physicians, products, procedures, opinions, or other information found on the Service. Any Information posted to Stelum publicly or sent in an unsolicited message to a User is not confidential and does not establish a physician-patient relationship without the express consent of the User providing any medically related User Content.

Legal Information

User Content relating to legal issues and any other legal information appearing on the Service is not intended to be legal advice nor forms an attorney-client relationship. If you believe that you have a legal claim, you should contact an attorney licensed in your country immediately to discuss your options. The Service is provided for informational purposes only and we do not ensure that the any content found on the Service is true, correct, or accurate. No action should be taken, delayed, or deferred based on the anything found on the Service. The Service is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. In case you ignore this warning and send specific or confidential information or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests. You should not delay or forego seeking legal advice or disregard professional legal advice based on anything found on the Service. Any delay in seeking such legal advice could waive any claims you may have, depending on the applicable statute(s) of limitations.

Privacy

We care about the privacy of our Users. Please review our Privacy Policy and Cookie Policy to learn more about how we collect, store, process, transfer and use information about you via the Service. By submitting your personal data, you agree to this storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with our Privacy Policy and Cookie Policy. Security Stelum cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. Unfortunately, the transmission of information via the internet is not always completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Copyright Policy

If you believe that your copyrighted work or trademark has been uploaded, posted or copied to Stelum and is accessible on Stelum in a way that constitutes copyright or trademark infringement, please provide properly constituted notice to copyright@stelum.com, including the exact location of the infringing content, your basis for claiming ownership, your full contact information and a screenshot of the reported infringement. Any such communication we receive shall not be confidential or privileged in any way. Furthermore, it is possible to use the “report”-function on the respective article.

Third-Party Links

If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Stelum's Privacy Policy and Cookie Policy do not apply to your use of such sites. Stelum does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. You expressly relieve Stelum from any and all liability arising from your use of any third-party website, service, or content.

Indemnity

Your access to and use of the Service or any User Content is at your own risk. You agree to defend, indemnify, and hold harmless Stelum and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from

(i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) any action made in violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) any violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) any violation of any applicable law, rule or regulation; (v) any claim or damages in connection with your User Content or any information that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code. No Warranty To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind. No advice or information, whether oral or written, obtained by you from Stelum or through the Service will create any warranty. Without limitation to the foregoing, Stelum, its subsidiaries and its licensors do not warrant that the content is secure, complete, available, up-to-date, accurate, reliable or correct or that the Service will meet your requirements or that the Service will be available at any particular time or location, uninterrupted, or secure or that any defects or errors will be corrected or that the Service is free of viruses or other harmful components. Any content of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. You also agree that Stelum has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. Limitation of Liability To the maximum extent permitted by applicable law, in no event shall Stelum, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any loss incurred to the Users whatsoever that results from the use of, or inability to use, this Service. Under no circumstances will Stelum be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your account or the information contained therein. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Stelum has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law. Governing Law The Austrian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. This Agreement and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Austria.

General

A. Assignment

This Agreement, and any rights and licenses granted hereunder, shall in no way be transferred or assigned by you, but may be assigned by Stelum without restriction. Any attempted transfer or assignment in violation by you shall be null and void.

B. Notification

Procedures and Changes to the Agreement Stelum may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Stelum in our sole discretion. Stelum reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Stelum is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Stelum may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date on this page. Your continued use of the Service after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future terms of this Agreement, do not use or access (or continue to access) the Service.

C. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Stelum in connection with the Service, shall constitute the entire agreement between you and Stelum concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

D. Contact

Please contact us with any questions regarding this Agreement: contact@stelum.com

Latest update: July 25, 2017