Terms

Overview
These terms govern your use of our website and other services by us related to this website.

This agreement is subject to change by us in our sole discretion at any time. Any such changes will be posted on the website. Your continued use of our services after posting a revised agreement constitutes your acceptance of such revision.

Date of last revision: September 4, 2016.
Definitions
"You" refers to the user of this website.

"We", "us", "our" refers to the entity of Neeser One GmbH (Ltd.) domiciled in Switzerland (Europe).

"Services" refers to the use of our websites and all other services we may offer

"Website", "Websites" refers to this website and any other similar website operated by us. The singular "Website" shall also include all other websites.
Eligibility
To be eligible to use our services:
  • You must have the authority and capacity to enter into this agreement with us.
  • You must not violate any applicable law, rules, and regulations by using our services.
  • You must not be notified of us previously, that you may not use our services.
Posted Content
For posting content on this website the following rules apply:
  • only natural persons may post content
  • posting content for commercial purposes is not permitted
  • Spam is not allowed
  • all content must comply with applicable laws and regulations
  • you may not threaten or difame any other user in any way
  • you may post content that makes it possible to personaly identify you
  • You may only post content or upload images you made yourself or you otherwise obtained the neccesary copyright permissions
  • all images you upload must be suitable for audiences of any age
Right to Publish Your Content
You are giving us the right to publish your content.
Removal of content and accounts
We have the right to remove any content without providing a reason. Such content may not be uploaded again.
Links to Third-Party Websites
Our website may contain links to third-party websites. This includes, without limitation, links of advertisements. We have no control over these third-party websites. We do not accept any responsibility and liability for such websites. If you open such a link, then any dealings are between you and the third-party. You are using any such link at your own risk.
NO WARRANTIES
1) No Warranties
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE WEBSITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DO NOT PROVIDE ANY WARRANTIES OF ANY KIND FOR ANY SERVICES OR GOODS PURCHASED OR PROVIDED WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES AND INFORMATION WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE AVAILABLE AT ALL.

2) Third Party Content
OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICES BY THIRD PARTIES (INCLUDING OTHER USERS) ARE THOSE OF THEIR RESPECTIVE AUTHORS AND NOT OURS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, USER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
EXCLUSION AND LIMITATION OF LIABILITY
1) This whole section on exclusion and limitation of liability (and any other clause excluding or limiting our liability) applies to us, our directors, officers, employees, subcontractors, agents and affiliated companies.

2) Nothing in this agreement excludes or limits our liability for death or personal injury resulting from our negligence or for fraudulent misrepresentation or any other liability that may not be limited or excluded by applicable law.

3) In case of a matter complained, you must give us a reasonable opportunity to redeem the matter. If we have not had that opportunity, then we shall not be liable to you for that matter.

4) No liability
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT (INCLUDING OUR OWN NEGLIGENCE AS FAR AS APPLICABLE LAW PERMITS) WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, GENERAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS.
THIS INCLUDES, WITHOUT LIMITATION, EVENTS ARISING OUT OF OR RELATING TO THE USAGE OF OUR SERVICES, INABILITY TO USE OUR SERVICES, FAILURE OF US TO PROVIDE THE SERVICES, BREACH OF ANY WARRANTY, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OUR WEBSITE, ERROR, OMISSION.

5) Limitation of aggregated liability
THE FOLLOWING SENTENCE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL OUR AGGREGATED LIABILITY EXCEED THE SUM OF ONE HUNDRED US. DOLLARS ($100.00) OR TEN TIMES THE TOTAL FEES PAYABLE IN THE 12 MONTHS BEFORE THE EVENT WHICHEVER IS HIGHER.

6) We are not liable to you if you have caused the matter yourself or contributed to it.
Indemnification
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against any third party claims and liabilities that arise out of or relate to your use of our services. This includes, without limitation, all claims or liabilities arising out of your violation of this agreement, applicable law, rules, and regulations. This also includes, without limitation, any claims or liabilities arising out of postings made by you and other content submitted by you.
No Class Action Lawsuits
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class action lawsuits, class actions, private attorney general actions are not permitted.
Miscellaneous
  • The section titles in this Agreement are for convenience only and have no legal or contractual effect.
  • This agreement makes up the entire agreement between the parties for the use of this particular website, and supersedes any prior agreements.
  • If we fail to enforce any of this agreement, it will not be considered a waiver.
  • Any amendment to or waiver of this agreement must be made in writing and signed by us.
  • Nothing in this Agreement shall prevent us from complying with the law.
  • We reserve all rights not expressly granted to you.
  • If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable.
  • Additional terms may become applicable when you use additional services of ours. These additional terms will be presented to you when you start using such services.
Privacy Policy
You agree to our privacy policy (available on this website).
Changes to the terms
This terms are subject to change by us in our sole discretion at any time. Any such changes will be posted on the website. Your continued use of our services after posting a revised agreement constitutes your acceptance of such revision.
Jurisdiction, applicable law, and court language
Disputes shall be decided only by the courts responsible in the city of Zurich (place of jurisdiction) in Switzerland.
The contract is governed exclusively by Swiss law.
If you are not in Switzerland, then it is possible that other laws might apply.

If possible and permissible, then the language of the court shall be German or English.
Which one of the two, will be dependent on the specific circumstances.
Swiss courts do not offer English, so it will be German for Swiss courts.
Privacy

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