Terms of Service

TERMS of SERVICE

General Terms of Use (hereinafter referred to as terms) for using the site pipsark.com (hereinafter referred to as the Website) - Version: June 1, 2025.

These terms include all domains of ARGE pips (hereinafter referred to as ARGE) that link to the pipsark.com site.

**1. The Website**

ARGE provides the Website as a service. The Website's privacy policy can be accessed at [https://pipsark.com/privacy](https://pipsark.com/privacy). The Website's imprint is available at [https://pipsark.com/about](https://pipsark.com/about).

**2. Registration**

With free registration on the Website, users receive a "Basic" account and can use the Website.

**3. ARGE Service**

The Website is a voluntary service. The functionality of the Website can be limited or expanded at any time. ARGE reserves the right to close the Website at any time without giving reasons. There is no legal claim to the Website's service.

**4. Real Name Policy**

Users are required to use their real names when registering on the Website.

**5. Communication**

Communication between the Website and users is exclusively via email and through the Website's contact options.

**6. Website Content**

ARGE cannot be held liable for content on the Website created by users. As a provider, ARGE is not obligated under § 18 (1) of the E-Commerce Act to monitor information stored, transmitted, or made accessible on the Website, or to proactively check for illegality. However, the Website is obligated to comply with requests from courts or authorities to transmit such information within the scope of legal disclosure and cooperation duties.

ARGE reserves the right to change, add, delete, or temporarily or permanently hide content on the Website that violates applicable law, morals, customs, or contractual obligations without prior notice.

Users are obligated to regularly check the content they provide to ensure it does not violate morals, customs, applicable law, or the rights of third parties—especially personal or copyrights—and to remove such content if necessary or to report it to ARGE and/or the Website's administration.

**7. ARGE's Liability and Responsibility for Website Content**

ARGE is not responsible for information entered by users on the Website or for providing access to it, provided that ARGE did not initiate the transmission, select the recipient of the transmitted information, or select or modify the transmitted information. This also includes the automatic short-term caching of transmitted information on the Website, provided that this caching only serves to carry out the transmission in the communication network and the information is not stored for longer than is usually required for the transmission.

If information entered by users is stored on the Website, ARGE is not responsible for the information stored by the user. A liability obligation only arises if ARGE has knowledge of illegal activities or information and it is technically possible and reasonable for the Website's administration to prevent the storage in the case of illegal activities or information. ARGE will promptly arrange for the removal of such information by the Website's administration as soon as it becomes aware of it.

**8. Links to Other Websites**

In the case of direct or indirect links to external websites that are outside of ARGE's area of responsibility, a liability obligation only arises if ARGE has knowledge of the content and it is technically possible and reasonable for the Website's administration to prevent its use in the case of illegal content. The provider of the linked page is solely liable for illegal, incorrect, or incomplete content and for damages arising from the use of such information.

**9. Users' Liability and Responsibility**

Users are solely responsible for the content of their registration, messages, postings, and photos. Only verified members can use the Website.

Users undertake to:

  • a) indemnify and hold ARGE harmless from and against damages arising from claims, demands, lawsuits, etc., due to defamation, insults, violation of personal or intellectual property rights, failure of services for other users, a violation of these terms, or other rights.
  • b) not misuse the Website.
  • c) not distribute immoral, obscene, pornographic, or extremist, violent content or photos.
  • d) not distribute defamatory, offensive, or unlawful material or information about it.
  • e) not threaten, harass, or violate the other rights of other users.
  • f) not upload data that contains viruses.
  • g) not upload data that is copyrighted (unless they own the copyrights or have the corresponding permissions).
  • h) not provide false address data.
  • i) not use the Website in a way that adversely affects the availability of offers for other users.
  • j) not intercept or attempt to intercept information (emails, messages, etc.).
  • k) not send chain letters, illegal pyramid schemes, or similar.
  • l) not generate traffic with unauthorized means.

**10. Copyright - Rights of Use**

The photographer has the sole copyrights and rights of use for the images they present. ARGE is only an intermediary and has no rights to the presented content itself.

Users are solely responsible for checking any third-party rights to the content they post and are solely liable for any violation of such rights.

Users transfer to ARGE all rights necessary for the use of the Website, in particular the right to reproduce, distribute, transmit, broadcast, edit, and retrieve from a database, to the extent necessary in terms of time, place, and content. The aforementioned rights entitle ARGE to use all known technical procedures and all known forms of online media.

All content, information, logos, images, designs, layouts, applications, sound documents, video sequences, descriptions, illustrations, and graphics, etc., belong to and remain the property of the respective owner, including the associated rights. Users do not acquire any usage or exploitation rights of any kind. Changing, distributing, reproducing, publishing, and passing on to third parties is not permitted.

All trademarks and brand names mentioned on the Website, and possibly protected by third parties, are subject without restriction to the provisions of the respective protection law and are the property of the respective owners. ARGE is not liable to the user for the data and content they transmit or provide on the Website being free of third-party rights. Users indemnify and hold ARGE harmless in this regard.

If the software or the image, music, video files, or similar offered by ARGE on the Website are equipped with technical protective devices, it is not permitted to circumvent these devices.

**11. Warranty and Damages**

ARGE is not liable for performance failures of the Website that are not attributable to its sphere, such as technical failures, force majeure, or strikes. Claims for damages against ARGE arising from the use of the Website or in connection with legal transactions are excluded, unless it is a personal injury or ARGE or a person for whom ARGE is responsible has caused the damage intentionally or through gross negligence.

**12. Data Protection**

The Website's privacy policy is available at [https://pipsark.com/privacy](https://pipsark.com/privacy).

**13. Termination of Use of the Website by Users**

Users can terminate their use of the Website at any time and delete their "account." This will also irrevocably delete all data that users have entered. It is NOT possible for ARGE and the Website's administration to restore this data, as this data is NOT stored.

**14. Severability Clause**

If individual provisions of these terms are ineffective or unenforceable, the validity of the remaining terms remains unaffected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come closest to the economic objective that the contracting parties pursued with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the terms prove to be incomplete.

**15. Place of Jurisdiction, Choice of Law, Place of Performance**

Austrian law applies to all legal disputes arising from the use of the Website. Domestic jurisdiction is agreed upon. For all legal disputes arising from these terms and the use of the Website, the court with jurisdiction at the association's registered office shall apply. The place of performance is the registered office of ARGE.