You must be at least 18 years of age to use this Website. By using this Website and agreeing to this Agreement, you represent that you are at least 18 years of age.
We are not responsible for any content on the Website. In no event will we be liable for any loss of content. It is your sole responsibility to maintain an adequate backup of your Content. Notwithstanding the foregoing, in some cases and under certain circumstances, we may, without any obligation, restore some or all of your data that was deleted at a particular time we may have backed up data for ourselves purposes. We do not guarantee that the data you need will be available.
LINKS TO OTHER WEBSITES
While using the Site, you may correspond with or participate in promotions with advertisers or sponsors who present their goods or services through the Site. Such activities and any terms, warranties or representations associated with such activities are solely between you and the applicable third party. We assume no liability, obligation or responsibility for any correspondence, purchase or promotion between you and any such third party.
In addition to any other terms set forth in the Agreement, you are prohibited from using the Site or any Content: (a) for any unlawful purpose; (b) solicit others to perform or participate in any unlawful activity; (c) violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or other harmful code that is or will be used in any manner that interferes with the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to disrupt or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violation of any of the prohibited uses.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall the Website Operator, its affiliates, officers, employees, agents, suppliers or licensors be liable to any person for: (a) indirect, incidental, special, punitive, exemplary or consequential damages (including, without limitation, damages for loss of profits, revenue, sales, goodwill, use or content, effect on business, business interruption, loss of anticipated savings, loss of business opportunity), but caused under any theory Disclaimer, including but not limited to contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the Website Operator has been advised of the possibility of such damages or could have foreseen such damages. To the extent permitted by law, the liability of the Site Operator and its affiliates, officers, employees, agents, suppliers and licensors with respect to the Services shall be limited to an amount in excess of one dollar or to amounts actually paid in cash by you to the Site Operator for the one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions apply even if this remedy does not compensate you for losses or fails of its essential purpose.
You agree to indemnify and hold harmless the Site Operator and its affiliates, directors, officers, employees and agents from any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with any third party allegations, claims, actions, disputes or demands made against any of them arising out of or related to your Content, your use of the Site or Services, or willful misconduct by you.
All rights and restrictions contained in this Agreement may be exercised only to the extent that they do not violate applicable law and shall be limited to the extent that they render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intent of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof and all remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Bern, Switzerland without reference to its conflict or choice of law provisions and, to the extent applicable, the laws of Switzerland. The exclusive venue and jurisdiction for any action relating to the subject matter of this Agreement shall be the state and federal courts located in Bern, Switzerland. You hereby submit to the personal jurisdiction of such courts. You hereby waive any right to litigation in any proceeding arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
CHANGES AND AMENDMENTS
We reserve the right to change this Agreement or its policies with respect to the Site or the Services at any time, effective upon posting an updated version of this Agreement on the Site. If we do so, we will revise the updated date at the bottom of this page. Your continued use of the Site after such changes constitutes your acceptance of such changes.
ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all of its terms. By using the Site or its services, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use or access the Site or its Services.
If you have any questions about this policy, please contact us.