Terms of use

TERMS OF USEPLEASE READ THESE TERMS OF USE („AGREEMENT“ OR „TERMS OG USE“) CAREFULLY BEFORE USING THE SERVICES OFFERED BY SWISSPEX LTD. LTD: CO INTERNATIONAL LLC („SWISSPEX LTD. LTD: CO“). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY SWISSPEX LTD. LTD: CO, INCLUDING, WITHOUT LIMITATION, THE WWW.SWISSPEX LTD. LTD: CO.COM, WWW.EPOSOUNDS.COM and WWW.C42-APPS.COM WEBSITES AND DOMAIN NAMES („SITES“), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE SWISSPEX LTD. LTD: CO IN CONNECTION THEREWITH (COLLECTIVELY „SERVICE“). BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES.

Acceptance of Terms

The service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the „terms of use“) and all other operating rules, policies and procedures that may be published from time to time on the sites by Swisspex Ltd. Ltd: Co. In addition, some services offered through the service may be subject to additional terms and conditions promulgated by Swisspex Ltd. Ltd: Co from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these terms of use by this reference. Modification of terms of useSwisspex Ltd. Ltd: Co reserves the right, at its sole discretion, to modify or replace any of the terms of use, or change, suspend, or discontinue the service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an e-mail. Swisspex Ltd. Ltd: Co may also impose limits on certain features and services or restrict your access to parts or all of the service without notice or liability. It is your responsibility to check the terms of use periodically for changes. Your continued use of the service following the posting of any changes to the terms of use constitutes acceptance of those changes.

Privacy

Swisspex Ltd. Ltd: Co may require registration for the use of content. In this context Swisspex Ltd. Ltd: Co may receive and store any information you enter on the website. The types of personal information may include your name, e-mail address, mobile phone number, mailing address, credit card and/or other payment information, IP address, browser information, username, password and any other information necessary for Swisspex Ltd. Ltd: Co to provide the services.Swisspex Ltd. Ltd: Co neither rents nor sells received personal information to anyone but may share it as described below: Affiliated businesses which Swisspex Ltd. Ltd: Co does not control: Swisspex Ltd. Ltd: Co may become affiliated with a variety of businesses to provide services, or sell products jointly. Agents: Swisspex Ltd. Ltd: Co may employ other companies and people to perform tasks on our behalf and need to share user information with them. Promotional offers: Swisspex Ltd. Ltd: Co may send offers to you on behalf of other businesses. However, when we do so, we do not give the other business your name and address. If you do not wish to receive these offers, please send an e-mail with your request. Business transfers: in some cases, Swisspex Ltd. Ltd: Co may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Swisspex Ltd. Ltd: Co, or substantially all of its assets were acquired, or in the unlikely event that Swisspex Ltd. Ltd: Co goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Swisspex Ltd. Ltd: Co may continue to use your personal information as set forth in this policy. Protection of Swisspex Ltd. Ltd: Co and others: Swisspex Ltd. Ltd: Co may release personal information when believed in good faith that release is necessary to comply with the law; enforce or apply Swisspex Ltd. Ltd: Co’s conditions of use and other agreements; or protect the rights, property, or safety of Swisspex Ltd. Ltd: Co, its employees, users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. The Website contains links to other sites. Swisspex Ltd. Ltd: Co is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site.Swisspex Ltd. Ltd: Co endeavors to protect user information to ensure that user account information is kept private, however, Swisspex Ltd. Ltd: Co cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.For inquiries in regard to the privacy policy, or to report a privacy related problem, please contact us.

Rules and Conduct

As a condition of use, you promise not to use the service for any purpose that is prohibited by the terms of use. The service (including, without limitation, any content, or user submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the service. For purposes of the terms of use, the term „content“ includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Swisspex Ltd. Ltd: Co or its partners on or through the service.By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the service, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail („spamming“); involves commercial activities and/or sales without Swisspex Ltd. Ltd: Co’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Swisspex Ltd. Ltd: Co or any third party; or impersonates any person or entity, including any employee or representative of Swisspex Ltd. Ltd: Co. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Swisspex Ltd. Ltd: Co in its sole discretion) an unreasonable or disproportionately large load on Swisspex Ltd. Ltd: Co’s (or its third party providers‘) infrastructure; (ii) interfere or attempt to interfere with the proper working of the service or any activities conducted on the service; (iii) bypass any measures Swisspex Ltd. Ltd: Co may use to prevent or restrict access to the service (or other accounts, computer systems or networks connected to the service); (iv) run maillist, listserv, any form of auto-responder or „spam“ on the service; or (v) use manual or automated software, devices, or other processes to „crawl“ or „spider“ any page of the sites. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.Swisspex Ltd. Ltd: Co reserves the right to remove any content from the sites or service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Swisspex Ltd. Ltd: Co is concerned that you may have violated the terms of use), or for no reason at all.

Registration

As a condition to using certain aspects of the service, you may be required to register with Swisspex Ltd. Ltd: Co and select a password (account ID). You shall provide Swisspex Ltd. Ltd: Co with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms of use, which may result in immediate termination of your Swisspex Ltd. Ltd: Co account. You shall not (i) select or use as a account ID a name of another person with the intent to impersonate that person; (ii) use as a account ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as account ID a name that is otherwise offensive, vulgar or obscene. Swisspex Ltd. Ltd: Co reserves the right to refuse registration of, or cancel an account ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Swisspex Ltd. Ltd: Co in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Fees and Payment

Swisspex Ltd. Ltd: Co reserves the right to require payment of fees for certain features of the service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the sites in connection with such features. Swisspex Ltd. Ltd: Co reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by e-mail or posted on the sites. Use of the service by you following such notification constitutes your acceptance of any new or increased charges.

Third Party Sites

The service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the sites. When you access third party websites, you do so at your own risk. These other websites are not under Swisspex Ltd. Ltd: Co’s control, and you acknowledge that Swisspex Ltd. Ltd: Co is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Swisspex Ltd. Ltd: Co or any association with its operators. You further acknowledge and agree that Swisspex Ltd. Ltd: Co shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Swisspex Ltd. Ltd: Co and Site Content

You agree that the service contains content specifically provided by Swisspex Ltd. Ltd: Co, its partners or users and that such content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any content accessed through the service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any content or third party submissions or other proprietary rights not owned by you, (i) without the written consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.You may, to the extent the sites expressly authorize you to do so, download or copy the content, and other items displayed on the sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such content. You shall not store any significant portion of any content in any form. Copying or storing of any content for other than personal, non-commercial use is expressly prohibited without prior written permission from Swisspex Ltd. Ltd: Co, or from the copyright holder identified in such content’s copyright notice.

User Submissions

The service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, „posting“) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the services („user submissions“). By posting User Submissions on or at any of the Sites or otherwise through the service, you: By submitting the user submissions to Swisspex Ltd. Ltd: Co, or displaying, publishing, or otherwise posting any content on or through the Sites or the service, you hereby do and shall grant Swisspex Ltd. Ltd: Co a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the sites, the service and Swisspex Ltd. Ltd: Co’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the sites (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the sites and/or the service a non-exclusive license to access your user submissions through the sites and the service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such user submissions as permitted through the functionality of the Sites and the service and under these terms of use. For clarity, the foregoing license grant to Swisspex Ltd. Ltd: Co does not affect your other ownership or license rights in your user submission(s), including the right to grant additional licenses to the material in your user submission(s), unless otherwise agreed in writing; represent and warrant that you own or otherwise control all rights to such user submissions and that disclosure and use of such user submissions by Swisspex Ltd. Ltd: Co (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and understand that Swisspex Ltd. Ltd: Co shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that Swisspex Ltd. Ltd: Co will not be liable for any errors or omissions in any content; and that Swisspex Ltd. Ltd: Co cannot guarantee the identity of any other users with whom you may interact in the course of using the service.Swisspex Ltd. Ltd: Co does not endorse and has no control over any user submission. Swisspex Ltd. Ltd: Co cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the service is at your own risk and you will be solely responsible for any damage or loss to any party resulting there from. Swisspex Ltd. Ltd: Co has no obligation to monitor the site, service, content, or user submissions. Swisspex Ltd. Ltd: Co may remove any user submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such user submission), or for no reason at all.Under no circumstances will Swisspex Ltd. Ltd: Co be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, e-mailed, accessed, transmitted or otherwise made available via the service.

Termination

Swisspex Ltd. Ltd: Co may terminate your access to all or any part of the service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites. Any fees paid hereunder are non-refundable. All provisions of the terms of use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Swisspex Ltd. Ltd: Co has no special relationship with or fiduciary duty to you. You acknowledge that Swisspex Ltd. Ltd: Co has no control over, and no duty to take any action regarding: which users gains access to the website; what content you access via the website; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Swisspex Ltd. Ltd: Co from all liability for you having acquired or not acquired content through the Sites. The sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Swisspex Ltd. Ltd: Co makes no representations concerning any content contained in or accessed through the sites, and Swisspex Ltd. Ltd: Co will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the sites.THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED „AS IS“ AND „AS AVAILABLE“ AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SWISSPEX LTD. LTD: CO, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE service IS SOLELY AT YOUR OWN RISK.SWISSPEX LTD. LTD: CO MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES.Swisspex Ltd. Ltd: Co will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Swisspex Ltd. Ltd: Co’s equipment, transmitted over networks accessed by the sites, or otherwise connected with your use of the service.

Indemnification

You shall defend, indemnify, and hold harmless Swisspex Ltd. Ltd: Co, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys‘ fees, that arise from or relate to (i) your use or misuse of, or access to, the sites, service, content or otherwise from your user submissions, (ii) your violation of the terms of use, or (iii) infringement by you of any intellectual property or other right of any person or entity. Swisspex Ltd. Ltd: Co reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Swisspex Ltd. Ltd: Co in asserting any available defenses.

General Content Disclaimer

The content provided by or through the service is for entertainment purposes only, and should not be relied upon. Swisspex Ltd. Ltd: Co makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such content. No content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any content.By using the service, you agree that Swisspex Ltd. Ltd: Co shall not be responsible for (1) any Content, (2) any person’s reliance on any such content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any content or otherwise as a result of your use of the service.

Limitation of Liability

IN NO EVENT SHALL SWISSPEX LTD. LTD: CO, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT OR INDIRECT DAMAGES.Dispute ResolutionThe terms of use shall be governed by and construed in accordance with the laws of the Canton of Basel, Switzerland. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Basel, Switzerland.

Integration and Severability

The terms of use are the entire agreement between you and Swisspex Ltd. Ltd: Co with respect to the service and use of the sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Swisspex Ltd. Ltd: Co with respect to the sites. If any provision of the terms of use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Swisspex Ltd. Ltd: Co shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Swisspex Ltd. Ltd: Co’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The terms of use are personal to you, and are not assignable, transferable or sublicensable by you except with Swisspex Ltd. Ltd: Co’s prior written consent. Swisspex Ltd. Ltd: Co may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the terms of use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the terms of use, the prevailing party will be entitled to recover costs and attorneys‘ fees. All notices under the terms of use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Our General Terms of Business are to be applied.