General Terms and Conditions for the „Do-It-Yourself-Interview“
Current version (effective as of Aug 20, 2015)
These General Terms and Conditions (hereinafter “GT&C”) apply to all contractual relationships between whatchado (hereinafter “whatchado”) and all users of the website including users who contribute videos, information, and other materials or services to whatchado (hereinafter “user”). Furthermore, they govern the mutual rights and obligations of the contractual partners.
In so far as special regulations apply to specific services, which are not governed by these GT&C, these regulations shall prevail.
Accepting the Terms
The use of services (the website and all products, software, and services; hereinafter “services”) shall only be permissible after the user’s acceptance of the GT&C. If the user does not accept the GT&C, the use of services is prohibited.
Changes to the Terms
Whatchado reserves the right to change the GT&C at any given time, without providing reasons, and without prior notice. The user is advised to check the GT&C on a regular basis. The latest version of the GT&C as published on the website shall apply.
In order to create awareness and inspire other people, whatchado’s “Do-It-Yourself”-function on the platform provides the user with the opportunity to shoot one or more videos with interview partners free of charge. The user himself/herself as well as another person may be the interview partner. The videos are created through or published by whatchado. During the interview, the interviewee is asked seven standardized questions about his/her professional career.
The videos uploaded by the users are available to the general public on the whatchado website (www.whatchado.com) and are viewable to every visitor of the website.
Most features on the website can be used without prior registration. In order to access additional features and services of the website – such as the “Do-It-Yourself-Interview” feature – whatchado offers the user to register on whatchado.com free of charge and create a personal user account.
The user registers for an indefinite period of time by providing his/her e-mail address and a confirmation of the registration by whatchado. Subsequently, the user may create a profile. When creating a user account, the user shall provide accurate and complete information. The provision of false, incomplete, misleading, or in any way illegal information is prohibited.
After registration and creation of a user account, the user may record an interview and thus create a video which is published on whatchado’s website. In order to assign a video to a certain profession, the user may select a profession from a list provided by whatchado or a title of his/her own choosing.
By registering and creating a user account, the user expressly agrees that his/her name and video interview are publicly available on the website. Additionally, by registering, the user agrees that other registered users (employers as well) may contact him/her.
The user is obligated to keep the password of his/her whatchado user account secure and confidential. The user may change his/her password at any time.
The user agrees to inform whatchado without delay about any breach of security or unauthorized use of his or her user account.
The user agrees to be solely responsible (to whatchado as well as to third parties) for every action carried out under his/her user account.
The user may deactivate his/her user account and remove the video interviews from the platform at any time. The user may contact whatchado directly and ask for the removal of single videos or the deletion of the user account.
Whatchado offers its services, i.e. the “Do-It-Yourself-Interview” feature on the website for free once the user has created a user account.
General Restrictions of Use
The use and launch of automated systems that access the website in a manner that may compromise the security of the whatchado network, online system, or the website (including but not limited to robots, spiders, offline readers, or malware such as trojans or viruses) or the intention to do so, is strictly prohibited.
whatchado is constantly innovating in order to provide the best possible experience for its users. The user acknowledges this and agrees that the form and nature of the services which whatchado provides may change without prior notice to the user.
The user agrees that he/she is solely responsible (and that whatchado has no responsibility to him/her or to any third party) for any breach of these GT&C and for the consequences resulting thereof (including any loss or damage which whatchado suffers as a result).
The user will only share his/her user account information for the purpose of use under the scope of these GT&C. The user is obligated to inform all third parties and organizations, to which he/she grants access to his/her user account, about the regulations on the concession of rights (under point 9 below). The user is also obliged to inform said parties that the rights of use and compliance with the regulations are the user’s sole responsibility. This also applies in particular to third party’s intellectual property rights, copyright laws, claims by collecting societies, or the protection of personal rights.
Privacy & Usage
The user himself/herself creates a video recorded in image and sound and uploads it on the website. whatchado explicitly points out that the subject of the user’s interview relates to his/her privacy and he/she alone decides as to what extent he/she wishes to present this to the general public.
The user grants whatchado unrestricted permission to use a copyrighted work on all content provided by the user, in particular the video interviews, including their storage, use, distribution, broadcasting, and providing their public availability. whatchado reserves the right to select the particular content.
For reasons of contractual fulfilment, whatchado is entitled to edit or cut the content and materials provided by the user for further uses. whatchado is not responsible for possible loss of meaning due to modifying the materials.
The publication of the interviews primarily aims to raise public awareness, but should also promote the services of whatchado. The interviewee acknowledges and agrees that he/she will be named, in connection with the project, with his/her name and picture as interview partner of whatchado. Furthermore, the interviewee supports and promotes whatchado as an institution.
At present, the interviews on whatchado’s website (www.whatchado.com) are globally accessible. For the purpose of further expanding awareness, the user agrees that whatchado publishes, announces, promotes, or uses the final version of the interview/the interview series (all or part of) in other media, such as radio, cinema, or social media (Facebook, Youtube, etc.), if needed, also as a photograph in connection with a quote in printed media.
The video interview may be integrated for purposes of useful distribution of career orientation and guidance among educational and professional partners. whatchado guarantees that the interview will always be clearly identified as a whatchado video interview, and that it will never be placed out of context. However, whatchado does not guarantee that the video interviews will always run solely on whatchado.com or that other integrated campaigns will always allow direct access to the original video interview on whatchado.com
As part of the contract, whatchado’s rights are only transferred to the extent as is essential for the execution of the contract. The user acknowledges that he/she does not acquire any rights by the temporary use of whatchado’s brands or trademarks. The user is not allowed to change or remove any brands or trademarks which whatchado uses in the context of contract execution.
whatchado grants the user the non-exclusive and time-limited (for the duration of the contract) right to use the video software to create video interviews. In addition, the user has the right to distribute the video software for (solely) this purpose to third parties.
If the user uses or imports his/her own materials (videos, graphics, logos, music, etc.), he/she guarantees to hold all rights of use and exploitation. Furthermore, the user guarantees to have the consent and approval of possibly displayed or filmed third parties for the publication of materials, in particular of video interviews.
The user has to inform whatchado immediately about a possible loss of rights of use and exploitation in writing.
The user will indemnify and hold whatchado harmless from all claims of third parties, including the costs of an appropriate legal defence, due to an infringement or violation of statutory provisions relating to the use of the services, in particular the distribution of content, by the user. The user will support whatchado in all judicial and extrajudicial disputes and will provide all the information, documents, and other materials that whatchado deems necessary for the dispute upon request and without delay.
Content responsibility of the user
The user is solely responsible for the stored, published, and distributed content. whatchado merely serves as a technical service provider.
The user agrees to manage, store, distribute, or publish only content that is lawful. In particular, the user will not store or distribute any content via whatchado that is glorifying violence, racist, pornographic, offensive, harmful to minors, or otherwise offensive. Furthermore, the user will not place, store, or distribute any advertising, advertising links, or other promotional content, especially one which promotes and advertises the purchase of products or donations, in the video or description text.
The user is obliged to only upload videos (no photographs) onto the platform. He/she is obliged to take care that only one person is interviewed per video, that their face is recognizable, and that the sound is clear and intelligible.
whatchado is not obliged to carry out an examination of the content; hence, whatchado has no obligation to indicate possibly problematic content. However, whatchado is entitled to permanently or temporarily prevent, delete, or completely or partially block the distribution or publication of content that violates these provisions or is problematic for all or some users, without observing a notice period or prior notice. This is particularly the case if the content violates legal or official regulations or the principles of morality, or if its publication cannot reasonably be expected.
The user agrees to use the provided technical resources exclusively in accordance with the underlying contract. The user will neither save, distribute, or publish files, which could affect or endanger the technical performance of the system, nor introduce them into the provided services.
The services may include hyperlinks to other websites that are not owned or controlled by whatchado. whatchado has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party’s websites.
The user acknowledges and agrees that whatchado is not responsible for the availability of such external sites or resources, and does not take on responsibility for or endorses any advertising, products, or other materials, which are available on or via such websites.
The user acknowledges and agrees that whatchado is not liable for any loss or damages which may be incurred by the user due to the availability of those external sites or resources, or as a result of the user’s reliance on the completeness, accuracy, or existence of any advertising, products, or other materials available on or via such websites.
In addition, the content provided by the user – content in this case refers to videos, graphics, logos, text, music, etc. – may be integrated via embed code, iframe, downloads, or other links to external sites, including websites, social media, blogs, etc., even if they are hosted by servers outside of Austria. This integration can be carried out by the user, whatchado, partners of whatchado, and all other parties, which use the whatchado’s website. The user agrees to this.
whatchado advises the user to be vigilant when exiting whatchado’s website and to read the terms and conditions and privacy policies of each other website that the user visits or may frequent.
The contract between whatchado and the user usually will be concluded for an indefinite period of time and may be terminated by either party within a 2-week notice period to the end of a calendar month. Immediate termination for good reason is exempt from this rule. It is expressly pointed out that even after termination (for whatever reason) whatchado, in accordance with its ownership rights (see point 8), is still entitled to use the provided content, with or without naming the contractual partner.
Limitation of Liability
The liability of whatchado, its governing bodies, and vicarious agents is limited to intent and gross negligence. The liability for damage caused by slight negligence - with the exception of personal injury - is excluded. whatchado is not liable for the completeness, timeliness, accuracy, or other quality of the presented content and information.
General Legal Terms
These GT&C are governed by Austrian Law, excluding its conflict of law rules and the UN Convention on Contracts of the International Sales of Goods (CISG).
The competent court in Vienna, fourth district, shall have the exclusive jurisdiction for any disputes arising out of or in connection with this agreement.