Avira Answers Legal Terms
Got IT Problems? We’ve Got Answers!
Eligibility. In order to be a User, You must lawfully be able to enter into and form contracts under applicable law. In order to register as an Expert, you must be a business, and must represent and warrant that the business is duly organized, validly existing and in good standing in the country in which the business is registered and that you, the individual in control of such Expert Account, have the requisite authority to act on behalf of the business.
Experts. Experts are Users who provide technical assistance with IT-related issues. If you want to be an Expert, you have to register with Avira Answers using the registration form found here: https://answers.avira.com/en/become-an-expert
Customers. A Customer is an individual who may be experiencing difficulty with IT-related issues, including but not limited to, problems with hardware or software, and is interested in paying for such assistance. As a Customer, you can consult and connect with Experts, via Avira Answers, to ask for a quote for a particular service via the Avira Answers ‘chat’ application, and to have your IT problems solved.
Community Members. A Community Member is an individual (legal and/or natural) who is interested in posting content on Avira Answers in order to receive assistance with IT-related issues, discussing IT-related issues with other Community Members, and/or assisting other Community Members with their IT-related issues. All Experts are also, by default, Community Members and, therefore, do not need to create a separate Community Member Account. All Customers are also, by default, Community Members. To become a Community Members, register here: https://answers.avira.com
Once you are registered as a Community Member, you will receive an account (the “Community Member Account”). You are then able to actively post and participate on Avira Answers and, you can add more detailed information about yourself in your Avira Answers Community Member Profile (e.g. profile photo).
Community Member Account:
Role, Conduct and Content
Avira’s Role. Avira provides Avira Answers as a platform to facilitate Users to present, discuss and solve IT-related issues. Avira also provides Users, via Avira Answers, the possibility to negotiate and complete transactions with one another. Avira is not and shall not be a party to any agreements or transactions by and between Users. Avira is not the agent of any User for any purpose. For the avoidance of doubt, Avira shall in no way be held responsible for the actions and/or omissions of Users of Avira Answers.
Moderators. Some Community Members are chosen by Avira and, once chosen, are entitled to carry out a special role in the context of Avira Answers (“Moderators”). Moderators are empowered to carry out certain monitoring functions on Avira Answers regarding the nature of User Content, general tone of User postings and the way in which such postings are presented. Nothing in this provision limits or encumbers Avira’s right to suspend or terminate any and all Expert Accounts and/or Community Member Accounts (in whole or in part).
Content. You are solely responsible for any information, data, or other content that is posted, exchanged, made available, provided, or processed by or through your Expert Account and/or Community Member Account, including e-mails and other interactions that take place between you and other Users (“User Content”). By submitting, sending or making User Content available via Avira Answers, you represent and warrant that such User Content is original to you, that no other party has any rights to such User Content and that such User Content does not violate, infringe or misappropriate any third party right or applicable law.
Grant of Rights to Avira. By submitting or sending User Content to, or otherwise making User Content available for display on or through, Avira Answers, you grant Avira a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise fully exploit such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Third Party Tools
In conjunction with accessing and/or using and/or visiting Avira Answers, you may be provided the use of third party applications and/or tools and/or functions (“Third Party Tools”). Avira assumes no responsibility whatsoever for use of such Third Party Tools. Furthermore, such Third Party Tools may be subject to special licenses, terms and/or conditions. By accessing and/or using such Third Party Tools, you agree to abide by any and all relevant licenses, terms and/or conditions associated with such Third Party Tools then existing. In particular, the use by Experts of TeamViewer GmbH’s remote access product shall, at all times, be governed by TeamViewer GmbH’s terms and conditions of use, available at http://www.teamviewer.com/en/company/eula.aspx.
Security and Privacy Information
Account Security. Accounts may only be used to access Avira Answers. You may not register using a false name or impersonate any other individual or business. You are responsible for keeping your account and password information secure. You should not disclose your password(s) to any third party, and you are responsible for any use of, or action taken on Avira Answers under your Expert Account and/or Community Member Account. If your have reason to believe that your Expert Account and/or Community Member Account is or may be compromised, you must change your password immediately.
Privacy. Personal information is collected when Users register with Avira Answers. It is Avira’s policy to maintain all personal information as confidential. However, in order to connect Users it is necessary for Avira to share some of this information. In order to cooperate with valid government requests, Avira may access and disclose information that it considers appropriate, including but not limited to Expert Account and Community Member Account activity and User contact details. Personal information, either belonging to a User or another individual could be a part of User Content. As well as User Content, when posting on Avira Answers, the date and time User Content is posted, as well as the IP address of the User is recorded via Avira Answers. Avira recommends that you exercise caution when providing sensitive information in the form of User Content.
Remote Access. Certain features and applications used by Experts may allow Experts to access Customers’ computers and information stored thereon. Such access by Experts is conditional upon Customer consenting to such remote access. These features, while designed to be used in order to facilitate Experts in their helping Customers to resolve issues they may be experiencing with their computers, can provide Experts with access to information on Customers’ computers. Avira assumes no responsibility or liability for the use of such applications by Users and/or the results of such use. Such applications can only be used with Customer consent.
Payment and Fees.When a Customer and an Expert have agreed upon the payment of fees as consideration for the services performed by the Expert for the benefit of the Customer, the payment shall be made to the Expert via PayPal by use of links generated by Avira Answers .. Upon request by Avira and without undue delay, Experts shall report to Avira all payments received from Customers. No direct or indirect payment may occur between a Customer and an Expert except via PayPal and exclusively by use of links generated by Avira Answers. If a Customer suggests making an unauthorized payment to you or other third party, you will immediately notify Avira. If an Expert suggests an unauthorized payment to you, you will immediately notify Avira.
Expert Fees. Experts are free to determine what fees they charge to Customers for the services they provide to such Customers.
Taxes. You agree to pay all taxes on fees generated by transactions obtained through Avira Answers in accordance with the jurisdiction in which you reside.
Chargebacks and/or Refunds. In the scope of transactions between Experts and Customers, if a chargeback or refund occurs, the relevant Expert shall be solely responsible for any and all fees and additional charges incurred through such chargeback or refund. Avira shall in no way be responsible or held liable for any fees and/or additional charges incurred by Experts and/or Customers as part of a refund and/or chargeback. For the purposes of clarity, in the case of a refund and/or chargeback, the Expert shall not be entitled to receive any fee involved with such transaction, or any part thereof.
User Responsibility for Data Safety. You agree that it is solely your responsibility to back up any and all data, software, information, and/or other files stored on your electronic equipment. Avira is not liable under any circumstances for any loss, alteration, or corruption of any data, software, information, files, video, pictures, or other media.
Disclaimer of Warranties; Limitation of Liability
No Warranties. AVIRA ANSWERS is provided on an “as is” basis. Avira makes no representations or warranties of any kind, express or implied, regarding AVIRA ANSWERS. In particular, Avira does not warrant that AVIRA ANSWERS will always meet User requirements nor DOES IT WARRANT that AVIRA ANSWERS will always be available, accessible, uninterrupted, timely, secure, or without error. AVIRA ALSO HEREBY EXPLICITLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
General Release. Avira is not a direct participant in the transactions between Users of Avira Answers. In case of any dispute between you and another User, you agree to release Avira and its agents and employees from claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such dispute(s). In case of any dispute between you and another User, Avira is under no obligation to become involved; however, Avira reserves the right to monitor such dispute(s).
Indemnification. You agree to indemnify, defend, and hold harmless Avira and its employees, directors, service providers and representatives from and against any and all claims, costs, losses, damages, judgments, penalties, interest, and expenses arising from any claim related to Avira Answers.
Limitation of Liability. AVIRA AND ITS EMPLOYEES, DIRECTORS, SERVICE PROVIDERS AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS THAT ARISE FROM THE USE OF AVIRA ANSWERS AND/OR ANY OTHER AVIRA PRODUCT OR SERVICE AND/OR ANY OTHER PRODUCT OR SERVICE USED IN CONNECTION WITH AVIRA ANSWERS INCLUDING DAMAGES FROM THE INABILITY TO USE AVIRA ANSWERS AND/OR ANY OTHER SOFTWARE PRODUCT OR SERVICE USED IN CONNECTION WITH AVIRA ANSWERS, OR FROM ANY TRANSACTION COMPLETED OR MESSAGE RECEIVED THEREFROM. UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AVIRA BE LIABLE FOR DAMAGES RESULTING FROM USE OF AVIRA ANSWERS, OR RELIANCE ON THE INFORMATION PROVIDED AND/OR AVAILABLE THEREIN, EVEN IF AVIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Choice of Law. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide for the application of law from another jurisdiction.
Arbitration. Any dispute or claim in any way related to use of Avira Answers will be resolved by binding arbitration rather than in court. Such disputes and/or claims shall be subject to the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), then in effect. The matter in dispute shall be considered by a panel of three arbitrators. Each party shall appoint one arbitrator within fifteen (15) days of receipt of the notice of the party requesting arbitration and the arbitrators so selected shall, within fifteen days of their appointment, then select a third arbitrator. Upon failure of a party(ies) to appoint an arbitrator (or of the arbitrators selected to appoint a third arbitrator) as contemplated in the foregoing sentence, AAA shall appoint an arbitrator. The decision of the arbitrators, by majority vote, shall be binding upon all parties and non-appealable. Each party shall bear the cost of its appointed arbitrator and cost of the third arbitrator shall be borne by the non-prevailing party. Each party shall bear all of its own witness fees and attorneys' fees. The arbitration proceeding shall occur in San Francisco, California. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not by way of a class, consolidated or representative action.
Limitation on Copying. All content (including but not limited to software, code, and documentation) provided by Avira and/or third parties for use in, or in conjunction with, Avira Answers is protected by copyright. Except as specifically permitted by Avira, no portion of such content may be reproduced in any form, or by any means, without prior written permission from Avira. You are not permitted to modify, distribute, publish, transmit or create derivative works of any such content, or portion thereof, for any public or commercial purpose.
Export Controls. You agree not to request, and you agree not to provide, any services which would, if performed, violate any United States export control regulation or rule.
Help and Feedback
Reviews and Comments regarding Experts. Customers may post reviews of Experts once such Customer has paid the amount requested by the particular Expert for the particular transaction. Experts will have the opportunity to respond to the reviews once they have been posted. Reviews and other comments should be truthful and Users are prohibited from posting content that is illegal, obscene, threatening, defamatory, contains private or confidential information, or that contains harmful links or “spam.” Avira reserves the right to monitor and remove reviews and/or other comments at will (whether whole or in part).
General comments, suggestions, and ideas regarding Avira Answers may be submitted here:
If you require further assistance please contact the Avira Customer Support Center: firstname.lastname@example.org
330 Primrose Road
Burlingame, CA 94010
UNITED STATES OF AMERICA