General Terms for Use and Participation at "WhatsYourRecord"

1. General terms

„WhatsYourRecord“ is a website with the purpose of offering a possibility for users to publish personal records in self defined areas as individuals or as a group by entering them on this website, compare with similar or equivalent records, and establish contacts and exchange experience in the framework of „friend groups“.

For this purpose the user may insert own photographs, videos and data on the website  „WhatsYourRecord“. These are available to the public.

These terms of business will be reviewed as deemed necessary and adapted to newly arising situations. The user accepts these eventual changes from the beginning insofar as they do not infringe essential parts of the user’s rights.

2. „WhatsYourRecord“ does not want to be

„WhatsYourRecord“’s intention is not to establish a collection of world records or other objective best performances. „WhatsYourRecord“ does not guarantee the correctness of inserted data and takes no responsibility for the truth of achievements claimed by a user.

3. Statement for data protection

Any user agrees explicitly with the firsts login at „WhatsYourRecord“ to authorize the use and storage of the own data, especially the entered username, the password and the entered e-Mail-address.

The username will be known to the public. Furthermore, the user, once registered, may insert further personal data (e.g. date of birth, home address etc.), these data will be saved and made available to the public as well.
The entering of data is done voluntarily and the purpose is the user’s own public presentation on „WhatsYourRecord“ and will be saved solely for this purpose. The user agrees to the use of information made available by him/her for improving the design and the use of  „WhatsYourRecord“.

Furthermore the user agrees that all data entered on or otherwise transmitted to „WhatsYourRecord“ may be saved (this refers to, for example, logins, e-mail-addresses, password, information about connections to the Internet, e.g. Browser-type, -version, -number, system of operation, visit history, etc). The participant agrees to the use of cookies and flash-cookies or similar designed software for acquiring and checking of information.

This information will be used solely for the purpose described above; the Website-operator will not pass on information about the above mentioned amount of acquired data to other persons or corporations.

It cannot be ruled out that shares of the corporation of the website-operator or the corporation itself will be sold. In case of such a legal transaction usually the customer information will be transferred together with shares of the corporation to be acquired or sold. In this case outmost care will be taken to transfer all data protection and data saving to any new owner.

Responsible in the sense of data protection rights is the operator mentioned under the „Imprint“.

4. Promotion and Links

„WhatsYourRecord“ contains promotion from third parties and links to Internet pages of other providers, for which „WhatsYourRecord“ cannot be held responsible. „WhatsYourRecord“ has no influence on other providers and their honouring of legal requirements. The user acknowledges that promotion can be published in connection with his/her inserted content, irrespective of content, kind and design.

5. Protection of Third Party rights

Any user declares to be entitled to upload and enter, and therefore make publicly available all of the data he/she enters at „WhatsYourRecord“. By accepting these conditions, any user acknowledges that all self inserted data are true, especially those relating to claimed records.  As far as legally protected material is being used, it is evident that the user ought to hold all the rights for these contents. This includes especially, but not only, all copyrights, service marks, trademarks, brand names, pictorial rights, etc. Specifically the use of text material, pictures, photographs, graphics, films etc is only allowed, if the user is in possession of all related rights or holds explicit authorization to use the material on „WhatsYourRecord“.

6. Use of the website

The user is entitled to participate on „WhatsYourRecord“ under the condition of refraining from publishing illegal content of any kind whatsoever on „WhatsYourRecord“, e.g. as text material, information, pictures, movies, etc. Not only is the use of protected material illegal, for which third parties hold rights, but also any measures or steps violating criminal law or infringing rights of others. This includes especially, but not only, racist or pornographic content, content disparaging religious or state symbols, encouraging criminal acts, slander, insults, inacceptable personal attacks, exploitation of products or rights of others without their agreement, etc. Furthermore a user is not entitled to take commercial advantage of the possibilities available through „WhatsYourRecord“. It is especially not allowed to advertise own or third party products, services or enterprises without authorization from „WhatsYourRecord“.

7. Rights and liability of the operator

„WhatsYourRecord“ has no influence on data published by a user. Therefore the operator cannot be held responsible for illegal contents as long as the operator has no information about it.
„WhatsYourRecord“ reserves the right to remove content of any kind at any time without consultation, to block user data and –accounts and refuse access to „WhatsYourRecord“ to individuals without giving any reasons. In this context it is stated that „WhatsYourRecord“ is not obliged to search for evidence in case an issue of violated rights is raised or the accusation of illegal contents. Under any of such circumstances it is „WhatsYourRecord“’s right to remove contents used by a participant immediately without consultations.

„WhatsYourRecord“ does not take responsibility for the correctness of data inserted by users.  In case records are posted, which are doubtful, because they supersede records published by other media – such as world records, the operator reserves the right to ask for prove before activation. This prove, in general, is possible by a letter of confirmation from a lawyer or notary.

„WhatsYourRecord“ is not liable in any way, neither to participants nor to third parties. „WhatsYourRecord“is neither liable for the correctness of data nor for the honouring of rights relevant to data published on this website. Furthermore „WhatsYourRecord“ is not liable for the possibility of data loss, data damage or data alteration under certain circumstances.

8. Property Statement

All of the content (text material, design, pictures etc.) on this website used by „WhatsYourRecord“ is protected by copyright. The logo and the name of „WhatsYourRecord“ is a registered trademark. Any kind of duplication and use as well as making any content, graphic, text material, diagrams, sounds, etc. publicly available is prohibited unless authorized by „WhatsYourRecord“.

9. Application of rights – Choice of law

It is mutual understanding that Austrian legislation applies for the participation on this website. „WhatsYourRecord“ denies liability for the applicability of contents on this website with the legislation of other countries. Participation at „WhatsYourRecord“ occurs at the user’s own wish and at the user’s sole responsibility.