est. 2022

arplace

the world is our playground

about

arplace“ offers the user the possibility to fade digital objects and digital experiences into reality and to experience them on a mobile device by means of a free application for Android or iOS. Part of the arplace application is the arplace marketplace, in which digital objects and digital experiences can be purchased free of charge or for a fee. A network of different users (=group) offers these possibilities on a communal level."

arplace GmbH
Gewerbegebiet Nord 9/ Top F
A-5222 Munderfing
Austria

www.arplace.io
office@arplace.io

general

These terms and conditions govern the use and enjoyment of arplace and the related arplace services. Our services include: Website, Marketplace, Applications for Mobile Devices (Android and iOS), APIs, Inapp Messages, Email Messages, SMS Messages, as well as services of our external service providers.

arplace is an experimental company. We reserve the right to limit or stop public operation at any time. Many features implemented by arplace are still under research to optimise augmented reality experiences and establish it as a cutting-edge technology.

By using our services, you bindingly agree to comply with the Terms and Conditions and Terms of Use.

Austrian law applies to all legal relationships between the customer and arplace- GmbH. In the event of disputes, the exclusive place of jurisdiction shall be Ried im Innkreis, Austria.

Should any of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions.

INFORMATION ACCORDING TO THE E-COMMERCE LAW (ECG)

Name of company: 
Location:
UID-Number:
Legal form
Authority pursuant to ECG:
Place of jurisdiction:

arplace GmbH
Gewerbegebiet Nord 9/ Top F, 5222 Munderfing, AUSTRIA
ATU 75811089
Gesellschaft mit beschränkter Haftung (GmbH)
Bezirkshauptmannschaft Braunau am Inn
Munderfing

DISCLOSURE according to MEDIA ACT (MG)

Location of the media owner:
Shareholdings:
Management:
Object of the company:
Sheet line:

5222 Munderfing, AUSTRIA
None
Willem Brinkert
Provision of Digital Services
Presentation of the company, its products and activities

DATA PROTECTION AGENCY

You have the right to information, correction, deletion and objection. Please contact arplace for this purpose.
If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in some way, you can complain to the supervisory authority.

Data protection agency
Postal address:

https://www.dsb.gv.at/
Barichgasse 40-42, 1030 Wien

ARBITRATION BOARD "INTERNET OMBUDSSTELLE"

The association "Internet Ombudsstelle" is responsible for contractual disputes arising from contracts concluded via the Internet between a company established in Austria and a consumer resident in Austria or in another EEA state (e.g. warranty, default, unjustified credit card charges, etc.).

Internet Ombudsstelle:
Postal address:

https://www.ombudsstelle.at/
Ungargasse 64-66/3/404, 1030 Wien

usage

You can only use arplace if you agree to enter into a binding contract with arplace GmbH and you are not a person who is excluded from receiving the services under the laws of the relevant jurisdiction. The contract is concluded as soon as one of our services is used.

In any case, you must be at least 13 years old to use these services.

If you accept these Terms and use the Services on behalf of a company, organisation, government or other legal entity, then you represent and warrant that you have the authority to do so and that you have the authority to bind such legal entities to these Terms, in which case the terms "you" and "your" as used in these Terms refer to such legal entity.

The purchase of digital objects against real currency in the "arplace marketplace" is only possible if you have (limited) legal capacity. Outside of Austria, the legal regulations of your country of residence apply.

The sale of digital objects in the "arplace marketplace" is only possible if you are of legal age or if this is done on behalf of a legitimate company. The digital object must be owned by you or you must have a licence to dispose of the object. In the event of copyright infringement, a report must be submitted to us.

When using our services, data volume is incurred on mobile devices. Please check with your internet/mobile provider for any additional costs.

data privacy

Our privacy policy (https://www.arplace.io/de/privacy) contains information on how we handle personal data provided by you. Data may be transferred worldwide for storage, processing and use by arplace and its appointed companies.

CONTENT PROVIDED in the FRAMEWORK of the SERVICES

You are responsible and liable for your use of the Services and for Content you provide, including compliance with applicable laws, rules and regulations. Only provide content that you really want to share and that does not violate the arplace Community Standards (https://www.arplace.io/de/using-arplace/communities).

Your use of and reliance on any content or materials posted on or obtained through the Services is at your own risk. The completeness, truthfulness, accuracy or reliability of any content or communications posted via the Services are not endorsed, supported, represented or guaranteed by arplace. Nor do we endorse any opinions expressed through the Services. You understand that by using the Services, you may be exposed to Content that is offensive, harmful, false or otherwise inappropriate and, in some cases, posts may be mislabelled or otherwise misleading. All Content is the sole responsibility of the person from whom such Content originated. We cannot monitor or control the Content posted through the Services and we cannot accept responsibility for such Content. Digital groups are the responsibility of the respective group administrators.

We reserve the right to remove content that violates the Terms and Conditions, including, but not limited to, copyright or trademark infringement, counterfeiting or other infringement of intellectual property rights, violation of human rights, dissemination of false news and explicit content, spam, unlawful conduct or improper harassment of any kind.

If you believe that your content has been copied without permission, please report this using our reporting form or contact us:

arplace GmbH
Customer Care
Gewerbegebiet Nord 9 / Top F, A-5222 Munderfing
Reports: https://www.arplace.io/de/forms/care
E-Mail: office@arplace.io (for content on arplace)

YOUR RIGHTS & RIGHTS to the CONTENTS

All content provided by the user remains the property of the user, except in the case of sales activities, in which case rights may be transferred to third parties, even temporarily. 

By making information available by transmission, publication or display, you grant arplace GmbH a worldwide royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media and by any and all means of distribution now known or hereafter devised (for clarity, these rights include, for example, curation, transformation and translation). With this licence, you grant us permission to make your content available worldwide and to enable third parties to do so. You acknowledge that with this license, arplace GmbH has the right to provide, promote and improve the Services and to make the Content submitted to or through the Services available, in accordance with our Terms of Use, to other companies, organizations or individuals who cooperate with arplace for the purpose of syndicating, broadcasting, distributing, advertising or publishing such Content in other media and services. Content submitted, published, transmitted or otherwise made available by you through the Services will be additionally used by us or other companies, organisations or individuals without compensation to you, as your use of the Services is hereby agreed to be sufficient compensation for the Content and the grant of rights therein.

arplace defines how network partners are allowed to handle your content on the services. These rules are intended to facilitate an open network that respects your rights. You acknowledge that we may modify or adapt your content as it is distributed, syndicated, published or broadcast by us and our partners, and/or changes may be made to your content to adapt it to different media.

You represent and warrant that you have or have obtained all rights, licenses, consents, permissions, powers of attorney and/or authority necessary to grant the rights granted herein in Content submitted, posted or displayed by you to, on or through the Services. You agree that such Content will not contain copyrighted or otherwise proprietary material unless you have the necessary permission or are otherwise legally entitled to publish such material and to grant arplace GmbH the aforementioned rights thereto.

USE of the SERVICES

We may revise our terms governing our relationship at any time. Changes are not valid retroactively. The latest version of the Terms will be available on our homepage. Except for changes involving new features or legal reasons, we will give you four weeks' notice before any changes to these Terms take effect in relation to the rights and obligations of the parties; for example, by means of a service notification or by email to the email address associated with your account. If you continue to access and use our Services after these changes take effect, you agree to be legally bound by the revised Terms.

Our services are constantly evolving. Accordingly, we may revise the Services from time to time in our sole discretion. We may discontinue (temporarily or permanently) the provision of the Services or any features within the Services to any or all Users. We also reserve the right, in our sole discretion, to impose limits on usage and storage capacity at any time. We may also remove or refuse to distribute Content on Services, limit the distribution or visibility of Content on the Service, block or terminate Users, and reclaim User names, without liability to you. arplace may offer certain services or features for a fee; by paying for or using any of these services, you agree to the additional terms that apply to that service.

In exchange for arplace granting you access to and use of the Services, you agree that arplace and its third party providers and partners may place advertisements on the Services or in connection with the content or information that you or others provide on the Services. You also agree not to misuse our Services, for example, by interfering with them or accessing them by any method other than through the user interface or API provided by us and in accordance with our instructions. When accessing or using the Services, you are prohibited from: (i) accessing, tampering with, or using non-public areas of the Services, arplace's computer systems, or our providers' technical delivery systems; (ii) exploring, scanning, or testing for vulnerabilities of any system or network, or violating any security or identification measures; or (iii) attempting to interfere with or abuse the Services. (iii) access or attempt to access or browse the Services by any means (automated or otherwise) other than through our currently available and published arplace interfaces (and only in accordance with the applicable terms and conditions), unless you are expressly authorised to do so under a separate agreement with arplace (NOTE: crawling of the Services is permitted provided it is done in accordance with the robots.txt file. Scraping" of the Services is expressly prohibited without the prior consent of arplace), (iv) to falsify the TCP/IP packet header or parts of the header information in e-mails or postings or to use the Services to send altered or misleading information or information with false sources or (v) to obstruct the access of users, hosts or networks, hosts or networks (or attempting to do so) and, in particular, transmitting viruses and overloading the Services and flooding or bombarding the Services with packets and unsolicited emails and creating content through scripting to unduly interfere with or encumber the Services. We also reserve the right to access, read, preserve and disclose information as we reasonably believe necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and to conduct investigations of potential violations of these Terms, (iii) detect, prevent, or otherwise respond to fraud and security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of arplace, its users, and the public. arplace does not disclose personally identifiable information to third parties except in accordance with our Privacy Policy.

 

YOUR ACCOUNT

You may need to create an account to use some of our services. You are responsible for protecting your account and accordingly you should use a strong password and restrict its use to your account only. We cannot and will not be liable for any loss or damage arising from your failure to comply with this notice.

You can control most messages from the services. We may need to provide you with certain communications such as service announcements and administrative messages. These communications are part of the Services and your account, and you may not be able to opt out of receiving them. If you have added a phone number to your account and you later change or deactivate it, you will need to update your account information to prevent us from communicating with someone who has taken over your old phone number.

YOUR LICENSE to use the SERVICES

arplace grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive licence to use the software provided to you as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefits of the Services provided by arplace in accordance with these Terms.

Nothing in these Terms grants you any right to use the name "arplace" or any of arplace's trademarks, logos, domain names, other distinctive marks or other proprietary rights. All rights, title and interest in and to the Services are and shall remain the sole property of arplace and its licensors (except for Content submitted by users). Any feedback, comments or suggestions you submit in relation to arplace or the Services are entirely voluntary and we are free to use such feedback, comments or suggestions as we see fit without incurring any obligation to you. 

TERMINATION of these CONDITIONS

You may terminate your legal agreement with arplace at any time by deactivating your accounts and ceasing to use the services. Your personal data will be anonymised, accounting information will be retained beyond the legal retention period. Digital assets associated with the account will expire, any credit balance from sales will be credited to a defined account (IBAN/BIC).

We may suspend or terminate your Accounts or refuse to provide you with the Services, in whole or in part, at any time for any reason, including, without limitation, if we have reason to believe that: (i) you have breached the Terms of Service or Terms of Use; (ii) you pose a danger or potential legal risk to us; or (iii) your account should be removed due to unlawful conduct; or (iv) due to prolonged inactivity; or because (v) it is no longer commercially reasonable to provide the Services to you. We will use our reasonable endeavours to notify you via the email address associated with your Account or the next time you access your Account, depending on the circumstances. In all such cases, these Terms will cease to apply, in particular your licence to use the Services. Except for the following paragraphs, which shall remain in force: 2, 3, 5 and 6. If you believe that your account has been blocked in error, you may file a complaint

status: 06. march 2022