1. Area of Application
2. Scope of Services
SwissRemarketing shall keep ready for retrieval or download on the SwissRemarketing Websites specific information, applications, services and software, along with documentation, where applicable (hereinafter “Information”). The corresponding information shall not constitute any legal offer on the part of SwissRemarketing.
SwissRemarketing shall be entitled to discontinue the operation of the SwissRemarketing Websites in whole or in part and/or to change or replace the whole content or parts thereof without prior announcement. Due to the nature of the Internet and of computer systems, SwissRemarketing shall not assume any warranty for the uninterrupted availability of the SwissRemarketing Websites.
3. Usage Rights and Obligations
You must not distribute, lease or transfer the information to third parties in any other manner. Unless otherwise permitted by any compulsory legal provisions, you must not modify, reverse engineer or decompile the information or parts thereof.
You undertake to not spread on the SwissRemarketing Websites any malware, such as viruses, Trojan horses or any other programming that may damage the software and to use the reasonable diligence of an IT user in this regard.
You undertake to not publish any content on the SwissRemarketing Websites that is unlawful, transgresses standards of public decency, violates any property rights of SwissRemarketing or third parties. If you provide any personal information, such information must be correct.
4. Intellectual Property Rights
The information published on the SwissRemarketing Websites are protected by both copyright laws and international copyright agreements as well as other intellectual property laws and agreements. Only SwissRemarketing or third parties shall be entitled to such intellectual property rights. You shall be obliged to observe these rights, especially identifiers (codes), trademarks and copyright notices, and to not remove or modify any technical protective measures of the information or copies thereof.
Any downloads, printouts and copies of the SwissRemarketing Websites and of the information shall only be permitted for private, non-commercial use, specifying the corresponding reference in any case.
Any contents made available by you on the SwissRemarketing Websites shall not be regarded as confidential. To the extent that such contents are proprietary, you shall warrant that you are entitled to dispose of them and that their provision does not violate any third-party rights. You shall hereby grant SwissRemarketing a non-exclusive, transferable, sub-licensable, irrevocable, free, worldwide right to reproduce, adapt and disseminate such contents (i.e. including any data, images, graphics, sounds, texts, etc. contained therein) for any commercial and non-commercial purposes. SwissRemarketing shall not assume any responsibility for any use of such contents by third parties, with any corresponding liability being excluded.
5. Availability, Exclusion of Liability, Warranty
The information published on the SwissRemarketing Websites has been prepared with care. SwissRemarketing endeavors to offer high availability of its Websites and regular updates of the information. However, SwissRemarketing shall not assume any assurance or warranty that the SwissRemarketing Websites are always available without interruptions and malfunctions or that their information is always correct and complete.
SwissRemarketing does not to assume any assurance or warranty for the correctness, completeness and topicality of the information or its marketability, satisfactory quality fitness for a particular purpose, accuracy, undisturbed use and non-violation of any third-party rights.
Any liability for any loss or damage which may be caused by any use or retrieval of the SwissRemarketing Websites or by any links with any other websites shall be excluded to the extent permitted by law. The exclusion of liability shall apply, in particular, to the quality, topicality, correctness, validity, completeness, fitness for a particular purpose and availability of the SwissRemarketing Websites and/or their information.
SwissRemarketing shall not be responsible in any case for any direct, indirect, immediate or incidental damage, consequential damage or penalties, including, but not limited to, lost profits, sales, transactions, goodwill losses, loss of reputation or other losses, caused in connection with or as a result of the present agreement or in any other manner in connection with the use of or inability to use the SwissRemarketing Websites or their information, regardless of the origin and notwithstanding the basis of liability.
Any liability of SwissRemarketing for any damage to hardware and software as a result of the SwissRemarketing Websites or the use of their information shall likewise be excluded to the extent permitted by law. Before downloading and using any information, software and documentation, you shall be required, both for your own protection and to prevent any viruses or other malware, to use reasonable safety devices and a virus scanner.
6. Hyperlinks and Links
The SwissRemarketing Websites may contain hyperlinks and other links to third-party websites. SwissRemarketing shall not assume any responsibility for the contents of such websites and SwissRemarketing shall not appropriate such websites and their contents, as SwissRemarketing will not control the linked contents and shall not be responsible for the contents held available there either. Their use shall be at your own risk.
Subject to the conditions below, you may create hyperlinks on third-party websites to the SwissRemarketing Websites:
(i) The information of the SwissRemarketing Websites must not be replicated.
(ii) Any false or misleading impression that any business or other relationship exists between you and SwissRemarketing must be avoided under all circumstances.
(iii) There must be a clearly recognizable reference.
(iv) No browser or border environment must be created around any information of SwissRemarketing.
(v) The third-party website must not contain any information that is unlawful or immoral and/or violates any third-party rights.
If third parties assert any claims against SwissRemarketing in connection with your use of the SwissRemarketing Websites contrary to the agreement, you shall indemnify SwissRemarketing against any expenses, damage and losses resulting from the assertion of such claims. This shall especially also include any lawyer’s fees and court costs resulting from the defense against such claims.
8. Data Protection
SwissRemarketing shall be entitled, at its discretion at any time, without prior announcement and without any notification to you, to remove your user data from the SwissRemarketing Websites.
10. Severability Clause
11. Place of Jurisdiction and Applicable Law
Dottikon, January 2016