1. Scope

The following terms and conditions (GTC) apply to all orders, orders and legal transactions between influence.vision GmbH (the operator of influence.vision, hereinafter operator) and the registered users of influence.vision (both private and commercial customers on influencers as well as on brands / agencies page). The users agree to the terms and conditions by registering. 

2. Use of influence.vision

Influence.vision users are differentiated into brands / agencies and influencers.

3. Brand / Agency

Brands / Agencies may be private, natural or industrial, natural or legal persons. Commercial persons may be companies, agencies or media companies. The operators do not check whether brands / agencies are licensed under trade law. The responsibility lies with the brand / agencies themselves. 

4. Influencer

Influencers can be natural persons and legal entities, whereby in the case of legal persons a person authorized to act has to know the full address of the operators. Natural persons as influencers are required to be registered with full first and last names. 

5. Business Area of influence.vision

The main focus of influence.vision is the provision of services in automated information technology. The operators do not appear as an agency and do not intervene in contract negotiations between influencers and brands / agencies. influence.vision supports the submission of campaign planning documents. These are not legally binding offers, but free and non-binding offers. 

6. Registration

The use of influence.vision is only possible after a successful registration. By registering, users and operators enter into a user agreement. Users can cancel the contract of use at any time in writing (by post or e-mail) as well as through a dedicated button.

The users are obliged to keep their access data secret and to protect them against unauthorized access by third parties. Users must immediately report any abuse or unauthorized access to the operators in writing. Until that time, users will be charged for every access and every action and claim associated with the user account.

All information required to establish the identity must be provided truthfully. Other information may be provided voluntarily, but should be stated truthfully in the case of disclosure. If information changes, these must also be corrected in the respective user account on influence.vision. The operators reserve the right to delete user accounts with obviously false or illegal information. 
The operators do not check the truth of the given data. Each user is fully liable to the operators and any other third parties, in particular other users and visitors of the website for all information provided (in particular for image and text content). It is noted that influence.vision provides registered users with a platform to contact each other. For trades following the contact, in particular for transactions based on the self-reported and unverified data, the operators are not liable. 

Registered users are free to change, expand or delete their data at any time.

The operators are entitled to reproduce, store, process, distribute, publish and make available all data provided. 

7. Payment and Invoicing

Invoicing is done exclusively in electronic form. The remuneration of the services of influence.vision is due for payment in advance with invoicing in advance. Users bear all costs and expenses associated with their payment, such as processing fees, bank charges. Unless otherwise agreed, the fees resulting from the respectively valid price list shall apply. Amounts to be paid by consumers are inclusive of statutory sales tax.

8. Special regulations for Brands / Agencies

The purpose of influence.vision for brands / agencies is to provide data on influencers according to the ideas of the respective brand / agency. Influence.vision offers users on both sides a contact option, as long as influencers declare their consent. Brands / Agencies have no automatic right to contact any influencer.

The operators reserve the right to store the filtering made by the brands / agencies for influencers and to continue to use this data anonymously. The operators do not assume any liability for the lack of clarification of existing laws (in particular provisions of the Consumer Protection Act, the Distance Selling Business Act and the Consumer Rights Directive Implementation Act, etc.).

The operators prohibit brands / agencies from continuing to use influencer data collected via influence.vision beyond the purpose of using influence.vision, in particular for the purpose of producing data analyzes or for marketing purposes.

9. Special regulations for influencers

The purpose of influence.vision for influencers is to provide a platform that gives influencers the opportunity to present themselves as best as possible to brands / agencies through voluntary personal information.

The operators assume no guarantee that campaigns are actually offered to the influencers. By affirming the interest in a campaign offered, the influencer agrees to provide personal information to the brands / agencies through influence.vision.

Influencers declare their agreement to share data and to contact them by clicking on the "Accept" button. 

10. Right of withdrawal

For consumers, in the case of distance contracts, the right to withdraw within 14 days from the date of the conclusion of the contract without giving reasons. The resignation period is respected if the resignation is sent within the deadline. The resignation can be addressed in writing by letter or e-mail to the operators:

influence.vision GmbH
Neustiftgasse 94/B5
A-1070 Wien
E-Mail: office@influencevision.com

The right of revocation expires if the consumer has given the express consent to the provision of the agreed services within the revocation period and at the same time renounces his right of revocation.

11. Block a user account

The operators reserve the right to block or delete user accounts if it can be assumed that the user account to be blocked interferes with the operation of influence.vision, false data has been provided and / or other users may be harmed or disturbed, or in case of permanent inactivity of the user no further intended use of the system is to be assumed.

12. Warranty

Influence.vision offers influencers and brands / agencies the opportunity to network. The operators assume no liability for contracts, in particular agency, campaign and / or sales contracts concluded between users and other parties whose contact has been established by influence.vision, as the operators are not parties to these contracts. 

The contents of influence.vision were created with great care. For the accuracy, completeness and timeliness of the content, the operators assume no responsibility.

12. Copyright

The content and works created by the operator or third parties (photos, logos, font, brand, product name ...) on these pages are subject to Austrian copyright law. The duplication, processing, distribution, provision and any kind of utilization beyond the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are for private, non-commercial use only. As far as the contents on this side were not created by the operator, the copyrights of third parties are considered. In particular contents of third parties are marked as such.

13. Liability

The operators are liable to the users for damages demonstrably caused by them only in case of gross negligence or intent. This also applies mutatis mutandis to damages caused by third parties called in by the operators. The operators are not liable for indirect and consequential damages, for lost profits, damages of third parties and the like. For damages due to force majeure (eg strike, war, natural disasters) the operators are also not liable. The liability of the operator is limited to the amount of the contract with the user. The burden of proof for a fault of the operator is borne by the user. Claims for damages become statute-barred within six months. These provisions are subject to any other mandatory statutory provisions (eg Consumer Protection Act).

14. Privacy

The operators treat the data entered by the users with the highest respect. In order to use the services offered by influence.vision, registration by means of access through social media and / or by e-mail address and name is necessary. All other personal data, such as net monthly household income, pets, smokers and other personal information may be provided voluntarily. These data will not be disclosed to third parties without consent. They are stored for the duration of the user's registration.

Influence.vision is aware of the confidentiality and sensitivity of the data and protects it with the currently technically and organizationally possible effort. 

Users are entitled at any time to obtain written information about the operator (influence.vision GmbH in A-1070 Vienna, Neustiftgasse 94 / B5) about all data collected about their person and have them deleted.

15. Changes to the Terms

The operators have the right at any time without giving reasons to change these terms and conditions. Changed conditions will be forwarded to users separately in an e-mail and referred to a two-week withdrawal period. If the new terms and conditions are not revoked within this period, they are considered accepted. 

16. Severability clause

Should one or more provisions of these Terms and Conditions be invalid or become invalid in the future, the legal validity of the other provisions shall remain unaffected. 

17. Applicable law, place of performance and jurisdiction

For all orders, orders and legal transactions between the operators and the users, Austrian law shall apply, excluding reference norms of the IPR or the UN Sales Convention. Place of fulfillment is Vienna. 

The place of jurisdiction for all disputes arising from the contractual relationships of the operators shall be deemed to be the objectively applicable court for Vienna. 

For lawsuits against consumers within the meaning of the Consumer Protection Act, domiciled or ordinarily resident in Germany or domestically employed, the place of jurisdiction in which the consumer is domiciled, habitual residence or place of employment shall apply.

© 2018 influence.vision GmbH