Terms

1. Introduction

Welcome to the IBA – VIAC Mediation & Negotiation Competition.

These Terms govern your use of the website located at www.cdrcvienna.org, operated by the Association for the Organisation and Promotion of the Vienna Mediation and Negotiation Competition, Schwarzenbergplatz 3, 1010 Wien (Association). The website is intended to provide information only. To the extent, the website collects personal information, please read the information provided concerning data processing. These Terms and the Privacy Policy apply to all visitors of this website.

For the purposes of these Terms, a reference to the www.cdrcvienna.org is also a reference to the Association.

2. Content

The content of this website is for information only. It is provided “as is” and www.cdrcvienna.org does not make any express or implied representations or warranties of any kind as to the accuracy of the content of the website. By visiting this website, you understand and agree that you use any of its content at your own and your sole risk. 

You also understand and agree that the content of the website may change from time to time at www.cdrcvienna.org sole discretion and at any time, including without prior notification. If you require specific information, please contact directors@cdrcvienna.org.

3. Prohibited Uses

You may visit this website, and use its content, only for lawful purposes and in accordance with these Terms. You also agree not to use the content:

1. In any way that violates any applicable national or international law or regulation.
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
4. To impersonate or attempt to impersonate www.cdrcvienna.org, an employee or collaborator, another visitor, or any other person or entity.
5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the content, or which, as determined by us, may harm or offend www.cdrcvienna.org or the visitors of this website or expose them to liability.

Additionally, you agree not to:

1. Use the website in any manner that could disable, overburden, damage, or impair it or interfere with any other party’s use of the website, including their ability to engage in real-time with it.
2. Use any robot, spider, or any other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of its content.
3. Use any manual process to monitor or copy any of the content of the website or for any other unauthorized purpose without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of the website.
5. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
7. Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
8. Take any action that may damage or falsify the rating of the www.cdrcvienna.org.
9. Otherwise attempt to interfere with the proper working of the website.

4. Analytics

www.cdrcvienna.org may use third-party Service Providers to monitor and analyze the use of the website.

5. Intellectual Property

The website and its content, features and functionality are and will remain the exclusive property of www.cdrcvienna.org. The website is protected by copyright, trademark, and other laws of the Netherlands and foreign countries. The trademarks may not be used in connection with any product or service without the prior written consent of www.cdrcvienna.org.

6. Copyright

www.cdrcvienna.org respects the intellectual property rights of others. If you are a copyright owner or authorized on behalf of one, and you believe that a copyrighted work has been copied in a way that constitutes copyright infringement, then first our Credits web page to check whether we referenced you there. If not, then contact directors@cdrcvienna.org and let us know. If your claim is justified, we will rectify our website, including through attribution. If your claim is made in bad faith or by misrepresentation, www.cdrcvienna.org reserves the right to pursue you for damages (including costs and attorneys’ fees).

7. Error Reporting and Feedback

www.cdrcvienna.org welcomes your feedback. You can pay us a compliment or draw our attention to errors, make suggestions for improvements, or provide us with ideas. Simply send an email to directors@cdrcvienna.org.

8. Links To Other Web Sites

The website may contain links to third-party websites not owned or controlled by www.cdrcvienna.org. If so, www.cdrcvienna.org neither assumes responsibility for the content, privacy policies, or practices of any third-party websites, nor does it warrant the offerings of any of these entities/individuals or their websites.

9. Limitation Of Liability

Except as prohibited by law, www.cdrcvienna.org is not liable for any type of damage, however it may arise, and including any legal, attorney, or other professional fees, as well as related costs and expenses of any dispute resolution process, whether instituted or not.

10. Governing Law

These Terms are governed by Austrian law, excluding the rules of private international law.

11. Dispute Resolution

In case of disagreement arising out of or from the use of these Terms, the disagreement must be drawn to the attention of by written notice. Upon receipt of such written notice, the parties will attempt to resolve the disagreement by way of amicable settlement negotiation.

a. Mediation

If the parties cannot reach an amicable settlement within 30 days after the receipt of the notice, then the parties shall proceed to (online-)mediation and agree on an independent neutral mediator of their choice. The seat of the mediation is Vienna, Austria. If the parties cannot agree on a mediator within 15 days, then they request the Vienna International Arbitral Centre (VIAC) to appoint a mediator. The maximum fee for the mediator is 2000 Euros (two thousand euros). This fee shall be paid by the parties in equal shares. Any other costs, including costs for legal representation in the mediation, shall be borne by the parties themselves.

b. Fast-track arbitration

If the mediation does not resolve the dispute, or does not resolve it fully, within 30 days, then each Party may notify the other Party to have the dispute resolved by fast-track arbitration. Such fast-track arbitration is governed by the following rules:

• The fast-track arbitration is seated in Vienna, Austria;
• The Arbitration Notification must be writing (“Arbitration Notification”);
• The arbitration is conducted before a sole arbitrator;
• The sole arbitrator is appointed consensually by the Parties, or, if the Parties cannot agree within 15 days after the Arbitration Notification, the Secretary-General of the VIAC as appointing authority;
• The maximum indemnity for the arbitrator is 4000 Euros (four thousand euros);
• The Parties must share this fee in equal shares;
• The Parties bear their own costs for legal representation;
• The fast-track arbitration is to be conducted on the papers;
• The arbitrator may request an in-person meeting if necessary; and
• The arbitration is conducted in English.

c. Governing law of the Dispute Resolution Clause

The Dispute Resolution Clause is governed by Austrian law, excluding the rules of private international law.

12. Waiver And Severability

No waiver by www.cdrcvienna.org of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of www.cdrcvienna.org to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.