Terms and Conditions of Use
By using the website www.helloswitzerland.ch or the corresponding smart phone app (the Website), you agree to these Terms and Conditions of Use (Terms & Conditions). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using the Website once we have posted any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them.
These Terms & Conditions apply to your use of the Website which is owned or operated by Hello Switzerland AG (Hello Switzerland), as well as to every service and feature offered on this Website, including but not limited to the published articles covering life in Switzerland, the directory with points of interest, the event calendar, discussion forums (Forums) and the showroom for uploading and advertisement of products.
2. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the materials provided hereon for your personal, non-commercial use, provided that you fully comply with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, Content) that are protected by copyrights and|or other proprietary rights, and that these rights are valid and protected. All Content is copyrighted under applicable copyright laws, including Swiss copyright laws (and, if applicable, similar laws in other jurisdictions), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. "Hello Switzerland" is the trade name and the registered trademark and servicemark of Hello Switzerland. Our commercial partners such as advertisers and sponsors, and other third parties may have further proprietary rights in the Content which they publish on this Website. You may not, in particular, modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership in such Content. Modification of the Content or use of the Content for any other purpose than the use of this Website, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
3. Becoming a Registered User
You do not have to become a registered user to use this Website. However, if you do not register, some of the services and features offered on this Website will not be available to you. We do not charge you for becoming a registered user of our Website, but some services or features are only available to you against payment of a fee (see below, 4.). You must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any Forum or to use certain other services or features of our Website.
4. BECOMING A COMMERCIAL PARTNER
If you wish to become a commercial partner, you are free to subscribe to the corresponding services and features offered on our Website you wish to use. For these services and features, the fees specified when subscribing to the individual services and features will apply.
6. Newsletters and other Mailings
We promise not to contact you without your approval. If you have given us your approval, we may send out newsletters and other mailings, for direct marketing or other purposes, via e-mail, text message (SMS) and other means to our registered users and commercial partners who subscribed to those services.
7. Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, in particular user profile information, ratings of points of interests and comments in Forums (collectively, the Postings), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we promote the present conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
You agree not to use this Website (including any services or features offered on this Website) to:
(a) Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
(b) Impersonate any person or entity, including, but not limited to, any user of this Website, a director, officer, employee, shareholder, agent or representative of Hello Switzerland, or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Hello Switzerland, or our affiliates or any other person or entity;
(c) Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of this Website or any computer software or hardware or telecommunications equipment;
(e) Intentionally or unintentionally violate any applicable national, cantonal or international law, including, but not limited to, any regulations having the force of law.
(f) Stalk or otherwise harass another user of this Website;
(g) Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website (including user names or passwords) or about any other third party; or
(h) Access or attempt to access another user's account without his or her consent.
8. Right to Use your Postings
You grant us and our successors and assign a royalty-free, perpetual, irrevocable, non-exclusive right and license, including the right to sublicense, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Postings you have made available at your own choice or at our request, worldwide and|or to incorporate the Postings in other works in any form, for the full term of any copyrights, trademarks and other intellectual and property rights that may exist in such Submissions , for any purpose, commercial, advertising or otherwise, without giving you any right to compensation.
You warrant that you own or otherwise control all of the rights in or to your Postings and that each person depicted in any images, photos and|or videos contained in your Postings (if any) has consented to the use of such images, photos and|or videos in accordance with the above license.
9. Password and User Account Security
If you are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
10. Cancellation of User Account
If you do not comply with these Terms & Conditions at any time, we reserve the right to suspend or deactivate your user account without prior notice or liability.
11. Disclaimers of Warranties
We do not guarantee any accuracy, availability, functionality or freedom from viruses of this Website. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website.
These Terms & Conditions apply only to this Website, and do not extend to the websites of any other person or entity. We may provide, or third parties may provide, links to other websites, or contents such as advertisements. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
Further, we do not provide any guarantees of any kind with regard to any contents and materials on this Website.
12. Limitation of Liability
Any liability by Hello Switzerland, or any of our affiliates is hereby excluded to the extent such exclusion is permitted by law.
You agree to indemnify, hold harmless and, at our option, defend Hello Switzerland, or any of our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and|or costs (including, but not limited to, reasonable attorney fees and expenses) arising from your improper use of this Website, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
14. Governing Law and Choice of Forum
These Terms & Conditions are governed by the substantive laws of Switzerland. To the extent a choice of forum is permissible, the courts of Zurich 1 are exclusively competent for any and all disputes arising out of or in connection with these Terms & Conditions or in connection with the use of this Website.
15. General Provisions
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees.
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.