Terms of Service & Conditions of Use
SCOPE AND PURPOSE OF THIS DISCLAIMER
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ANDREA NATER, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. RESPONSIBILITY OF WEBSITE VISITORS
ANDREA NATER has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, ANDREA NATER does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ANDREA NATER disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
2. THE ACTIONS AND OPINIONS OF OTHER USERS
You must not use this website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Some content found on the pages of ANDREA NATER within http://www.andreanater.ch and its subdirectories is created by members of the public. The views expressed are theirs and unless specifically stated are not those of ANDREA NATER. We accept no responsibility for any loss or harm incurred from the use of this website or any of its information or content.
3. EXTERNAL LINKS
We are not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.
4. RESPONSIBILITY OF CONTRIBUTORS
If you operate comment on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- Your Content is not presented in a manner that misleads your readers into thinking that you are another person or company; and
- You have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by ANDREA NATER or otherwise.
Without limiting any of those representations or warranties, ANDREA NATER has the right (though not the obligation) to, in ANDREA NATER’s sole discretion (i) refuse or remove any content that, in ANDREA NATER’s reasonable opinion, violates any ANDREA NATER policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in ANDREA NATER’s sole discretion. ANDREA NATER will have no obligation to provide a refund of any amounts previously paid.
5. INTELLECTUAL PROPERTY
This Agreement does not transfer from ANDREA NATER to you any ANDREA NATER or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ANDREA NATER. ANDREA NATER, the ANDREA NATER logo, and all other trademarks, service marks, graphics and logos used in connection with andreanater.ch, or the Website are trademarks or registered trademarks of ANDREA NATER. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ANDREA NATER or third-party trademarks.
6. COPYRIGHT INFRINGEMENT
As ANDREA NATER asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by andreanater.ch violates your copyright, you are encouraged to notify ANDREA NATER directly via the Website contact form. ANDREA NATER will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ANDREA NATER will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ANDREA NATER or others. In the case of such termination, ANDREA NATER will have no obligation to provide a refund of any amounts previously paid to ANDREA NATER.
7. OUR RIGHTS TO REMOVE OR REPRODUCE ANY USER-GENERATED MATERIAL
For the purposes of this condition, the term “user-generated material” shall refer to any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to ANDREA NATER’s website via any method at any page on https://www.andreanater.ch or any other content communication or submission medium or forum.
By sharing any contribution or user-generated content (including any text, photographs, graphics, video, audio or any other type of media or content) with ANDREA NATER’s website (https://www.andreanater.ch) you agree to grant us, free of charge, permission to use the material in any way we deem fit (including the modification, reproduction, repurposing, or deletion of it). You hereby confirm that your contribution is your own original work, is not defamatory and does not infringe upon any laws of the country from which you are utilising this site, nor the laws of Canada or The United States of America, and that you have the full rights to accept this condition.
ANDREA NATER may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your andreanater.ch account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. DISCLAIMER OF WARRANTIES
The Website is provided “as is.” ANDREA NATER and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ANDREA NATER nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. LIMITATION OF LIABILITY
In no event will ANDREA NATER, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. ANDREA NATER shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
By using this website, you hereby forfeit any and all claims, past, present, and future, against the owners, editors, contributors, administrators, and other staff of ANDREA NATER’s website and ANDREA NATER LLC.
You agree to indemnify and hold harmless ANDREA NATER, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
12. LEGAL JURISDICTION/MISCELLANEOUS
This Agreement constitutes the entire agreement between ANDREA NATER and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ANDREA NATER, or by the posting by ANDREA NATER of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Zurich, Switzerland., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Zurich, Switzerland. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ANDREA NATER may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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