Use of this website is governed by the terms and conditions described below:
Please read these terms carefully. Your use of 123people.com indicates your acceptance of these terms and conditions. 123people.com is operated by 123people internetservices GmbH (hereafter referred to as: "123people"). 123people reserves the right to make modifications to these Terms & Conditions of Use at any time and without notice to users. You accept the obligation to review these Terms & Conditions of Use prior to each use, and your use of this website constitutes an acceptance to be bound by any modifications. These Terms and Conditions of Use are referred to hereafter as the "Agreement".
In addition, when using particular 123people.com owned or operated services, you and 123people.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted on the website of 123people.com from time to time. All such guidelines are hereby incorporated by reference in the agreement.
The term "Service" shall mean the Internet web pages, data, analyses, screens, reports, documentation, spreadsheets, photographs, maps and other information of any kind that are accessible through the 123people web application, of which the application is currently located at various URLs owned and operated by 123people, as well as all updates, enhancements and modifications thereto. In addition, the term "Service" shall include all correspondence, email, or data sent by 123people personnel or agents.
You also understand and agree that the service may include advertisements or links to third party websites. You also understand and agree that the service may include certain communication from 123people, such as service announcements, administrative messages and various emails, which may include attachments.
You understand and agree that 123people assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Due to the Children's Online Privacy Protection you must be at least seven (7) years of age to use this service.
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Therefore you accept the obligation to review these Terms of Service prior to each use of the 123people website. You have the right to terminate your usage and contractual obligation without prior notice, if you are not willing to accept any of such modifications.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 123PEOPLE AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 123PEOPLE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (Ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (Iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (Iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. THIS LIMITATION OF LIABILITY IS NOT APPLICABLE IN CASES OF WILFULNESS OR GROSS NEGLIGENCE OF 123PEOPLE.
You agree that, except as otherwise expressly provided in this agreement, there shall be no third-party beneficiaries to this agreement.
Non-commercial use by members
all organizations, companies, and/or businesses alike may not become members and should not use the 123people service or the website for any purpose. The 123people website service is meant for personal use of the individual members only, and may not be used in connection with any commercial activities or endeavours. The following include illegal and/or unauthorized uses of the website: collection of usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the website will be investigated thoroughly, and the appropriate legal actions will be taken, including without limitation, criminal, civil and injunctive redress.
123people occasionally receives requests from people to remove search results from its indices. Although 123people reserves the right to address such requests individually, the general approach that 123people takes reflects the following principles:
123people's search results consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, 123people cannot and does not screen anything made available through its indices. For each web site reflected in 123people's indices, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, 123people will at its sole discretion consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time. For more information, please refer to the 123people privacy policy.
Certain areas of 123people allow users to post, add, or upload information, data, text, photographs, graphics, messages and/or other content ("Postings"). You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content ("Poster"), and not 123people. 123people does not control the Postings and does not guarantee the accuracy, integrity or quality of any Postings.
You understand that by using the 123people Services you may be exposed to Postings that are offensive, indecent or objectionable. Under no circumstances will 123people be liable in any way for any Postings, including, but not limited to, for any errors, omissions or misrepresentations in any Postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Postings.
If you do choose to post content on 123people, please do not do so unless you understand that your postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your postings. You agree that all of your postings will comply with the requirements of this agreement.
You agree not to use 123people to:
Certain portions of 123people require users to register to obtain certain 123people Services. Registration is limited to one account per user. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the 123people registration form (the "Registration Information") and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of the 123people Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or 123people has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, 123people has the right to suspend or terminate your access and refuse you any and all use of relevant Site.
Access to certain 123people Services require you to choose a user name and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify 123people immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. 123people cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to indemnify and hold 123people harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of or reliance on 123people Services, (c) your connection to our Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
You agree that 123people, in its sole discretion, may terminate your access to the 123people Services, and/or remove, discard or modify any postings or content within the Service, for any reason, including, without limitation, for lack of use or if 123people believes that you have violated or acted inconsistently with the letter or spirit of this agreement. You agree that any termination of your access to the 123people Services may be effected without prior notice, and acknowledge and agree that 123people may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the 123people Services. Further, you agree that 123people shall not be liable to you or any third party for the discontinuation or termination of your access to the 123people Services, even if advised of a claim for damages.
Registration data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.
We may update this Privacy Policy from time to time. We encourage you to periodically review our Privacy Policy to be sure you are familiar with the most current version.
The 123people.com logo and service marks and product and service names are trademarks of 123people. Without 123people's prior permission, you agree not to display or use in any manner the 123people Marks.
123people only collects information and indexes results that are publicly available online. 123people does not crawl, mine, search, or index password protected websites, private websites, or websites that specifically request not to be crawled by search engines.
123people is not responsible for websites displayed as search results or linked to by 123people that may display identifiable information about people. 123people will display the source of the information we display on the search results. 123people exercises no control over these websites and users will need to work with those websites directly in order to remove identifiable information.
We make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users' personal information.
However, that information may still be available on the website that 123people indexed the results from. Users should contact the source or work with the original site in order to remove personal information.
Recommendations to help users understand how they can protect their privacy online:
When using any online service it is recommended that you:
When you sign up for a 123people account or use the 123people search engine, we may collect the following types of information:
When you sign up for a 123people Account or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). We are allowed to combine the information you submit under your account with information from other services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
We may use third-party advertisers to serve advertisements on the Sites. Please be advised that such advertisers may use cookies, web beacons and other technologies to, among other things, enable such advertisers to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. For more about third-party ad servers please check: www.networkadvertising.org. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY ADVERTISERS.
When you sign up for a particular service that requires registration, we ask you to provide personal information, at your sole discretion. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained your prior consent.
You can decline to submit personal information to any of our services, in which case 123people may not be able to provide those services to you.
123people only shares personal information with other companies or individuals outside of 123people in the following limited circumstances:
We may disclose your personally identifiable information as well as your IP address and other information to comply with court orders or subpoenas or when required to do so by law. We also may disclose such information in cooperation with a law enforcement or government request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, as necessary to render or conduct a legitimate business activity related to a service we provide, or to comply with legal or regulatory obligations.
We use commercially reasonable security measures to protect the loss, misuse, and alteration of the information under our control. However, we cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. You should be aware that we have no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.
We reserve the right to change this policy should we deem it advisable to do so. If we make significant changes that affect the use or disclosure of your personal information, we will make reasonable efforts to notify you of the changes and to give you the opportunity to cancel your registration.
These Terms of Service are governed by the Law of the Republic of Austria. The rules of conflicts of Laws are excluded. Any disputes between you and 123people.com shall be settled before the Bezirksgericht Innere Stadt or the Landesgericht für Zivilrechtssachen in Vienna, if you are a consumer, before your ordinary court.
We have drawn up General Terms and Conditions governing the charged services which we offer (hereinafter: the services). In using the services, you indicate your acceptance of those General Terms and Conditions. The services are operated by 123people internetservices GmbH (hereinafter: "123people"). 123people reserves the right to amend minor provisions of these General Terms and Conditions from time to time for the purpose of adjustment in line with changing framework conditions; however, significant provisions will not be amended without first notifying you. You can effectively object to any amendment of the significant provisions; in that case, the Agreement is deemed to be terminated with effect from the next date for notice of cancellation. The present General Terms and Conditions are also referred to here as the Agreement.
For certain services operated by 123people we have developed additional technical guidelines as published, if appropriate, on the 123people website. Those technical guidelines and rules hereby form part of the Agreement.
The term "service" means websites, data, analyses, screen shots, reports, documentation, spreadsheets, photographs, maps, query results and all other kinds of information, and updates, supplements, enhancements and amendments thereto, offered and provided for you by 123people. In addition, the services include all letters, faxes, e-mails or data sent by employees or representatives of 123people.
The service and the prices of the charged services offered are described on the 123people websites under "registration". To use these services you must register and, if appropriate, pay the fee for the period or frequency of use. Erroneous or incorrect registration data give us the right to terminate the Agreement immediately. The payment methods accepted by 123people are indicated on our web forms.
The services may also contain advertisements or links to websites of other suppliers, and include communications from 123people which may contain attachments.
123people primarily collects information available from third parties. We therefore cannot accept any responsibility for the content, or for its completeness, accuracy, up-to-date status, deletion, misdelivery or storage. Under certain circumstances, access to the services may not be guaranteed continuously for technical reasons, since maintenance work, in particular, or breakdown of the public communication networks may lead to temporary disruption or suspension of the services.
Since the services consist in the automated collection of offers made by third parties, we shall not be liable for any direct or indirect loss or damage or lost profits, with the exception of personal injury to the extent that we are legally liable. We also expressly claim a privileged position as to liability ("Haftungsprivileg") for search engines or intermediaries in accordance with the legal provisions applicable.
The 123people search results consist of data which were identified, indexed and collated by an automated process without prior human review. Owing to the huge volume of data regularly added, deleted and amended, 123people cannot and will not screen the content made available by our indices. 123people occasionally receives requests to block search results. 123people will treat such requests individually and in accordance with the law.
Certain areas of 123people.com enable you to store information or make it available to the public. You carry sole responsibility for such content, and any resulting liability. 123people reserves the right to delete such content even without consulting you if it is unlawful or offensive. It is agreed that liability for loss of data in this connection is excluded.
Please be aware that legal rules, in particular the provisions of the laws on copyright, telecommunications and the media, may apply to your postings; we therefore point out that you must abide by those rules.
For access to certain 123people services, you have to choose a user name and password. Please note that you should keep these data safe and inaccessible to third parties. We are unable to detect unauthorised use of these data, and such use will therefore normally be attributed to you.
You are entitled to give notice of termination of the Agreement at the end of each invoicing period; of course, that does not affect any rules more favourable to you under the applicable provisions of consumer protection laws.
In addition, both parties are entitled to terminate the Agreement immediately and without notice, on compelling grounds. Such grounds exist, in particular, if the other party to the Agreement is guilty of serious breach of contract or gross disregard for the rules of these General Terms and Conditions.
Your registration data and other personal information submitted by you are covered by our data protection guidelines, which are published on our website. In using the service, you give your consent to the use of personal information (as specified in the data protection guidelines). Some services require the temporary storage of data submitted by or requested from you; you hereby give your express consent to the storage of those data. However, you can delete such data at any time. After termination of the Agreement they are deleted automatically.
We constantly need to update these data protection guidelines as our services evolve. We recommend that you regularly check our guidelines to ensure that you are aware of the latest version.
The logo, service trade marks and product and service names of 123people.com are registered trade marks of 123people.com.
Should any individual provision of these conditions be or become invalid, that shall not affect the validity of the remaining rules.
If any rules are missing from these General Terms and Conditions, the other 123people terms and conditions governing free services shall apply on a subsidiary basis. Your Agreement with us is governed by Austrian law with the exception of the international rules on the conflict of laws. The place of jurisdiction is the Vienna court competent to handle commercial cases; if you are a consumer, it is your ordinary court.
Version 1.0, October 2009
