Agreement to Terms of Use
As used in these Terms of Use WE or US means MediaPhone SA, and YOU means you, the user of this Web site. By using this Web site you agree to the following Terms of Use, which constitute a legally binding agreement between you and MediaPhone SA. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEB SITE. BY ACCESSING, BROWSING OR USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE.
We reserve the right at any time and, from time to time, to modify these Terms of Use without notice to you. If we make any such changes, we will post the revised Terms of Use to this Web site, and will indicate the date of changes when Terms of Use were published on this page, but will not provide any other notice to you. Your continued access or use of this Web site constitutes acceptance by you of these changes.
Use of the Site
This Web site is intended for your personal and noncommercial lawful use. Subject to these terms and conditions, you may use this Web site, and the information made available on this Web site, for informational and noncommercial and personal use only. You may not use this Web site for any unlawful purpose. You agree not to disrupt, place unreasonable burdens or excessive loads on or otherwise interfere with the normal operation of this Web site or another user's use and enjoyment of this Web site.
Copyright
The information and other content of this Web site is protected by copyright under Switzerland, and foreign laws. This Web site may contain other proprietary notices and copyright information, the terms of which must be observed. You may not use any information or other material on this Web site, including graphics, texts, logos, artwork and computer code, in any manner that infringes any copyright, trademark or other proprietary right of any person.
You may not reproduce or display or make derivative works or translations of any information or other content made available on this Web site. You have no right to distribute any information or other content made available on this Web site but you may download the informational material and documentations on this Web site solely for your personal, noncommercial use, provided you do not modify or alter that informational material in any way or delete or modify any copyright or trademark notice set forth in that informational material. This right does not extend to the design or layout of this Web site or to content that is not indicated for download. Any use of the information and other content of this Web site not expressly permitted by these Terms of Use may violate copyright, trademark, and other laws.
Links
This Web site may contain links to other Web sites. We make no representation or warranty in relation to any other Web site you might access through this Web site. When you use a link to access another Web site, please understand that it is independent from us, and that we have no control over the content on that Web site. A link to another Web site does not mean that we endorse or accept any responsibility for the content, use or otherwise of that Web site.
Privacy Policy
Ыee the Privacy Policy relating to the collection and use of personal information.
Reservation of Rights
All rights not expressly granted by these Terms of Use are reserved to MediaPhone SA. We reserve the right at all times to terminate your access to the Web site without notice for any reason whatsoever. Further, we reserve the right at any time and from time to time to modify this Web site, its features and functionality, in whole or in part without notice to you.
We will not be liable to you or any third party for any modification, suspension, or termination of access to this Web site, or loss of related information.
Limitation of Liability and Disclaimer
USE OF THIS WEB SITE IS AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE. THE ENTIRE RISK ARISING OUT OF YOUR USE OR PERFORMANCE OF THIS WEB SITE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTY RELATING TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY, OR COMPLETENESS OF THIS WEB SITE, ANY DATA, INFORMATION, RECORD OR RESULTS AVAILABLE ON OR THROUGH THIS WEB SITE OR OBTAINED THROUGH OR RESULTING FROM THE USE OF THIS WEB SITE, FOR ANY PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTY THAT THIS WEB SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THIS WEB SITE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT ANY DATA, INFORMATION, RECORD OR RESULTS OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY RELATING TO THIS WEB SITE, AND THE INFORMATION AVAILABLE ON OR THROUGH THIS WEB SITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LACK OF VIRUSES, AND NON-INFRINGEMENT OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN AN ACTION OF CONTRACT, EQUITY, STATUTORY OR STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY (INCLUDING BREACH OF WARRANTY), INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR PERFORMANCE OF THIS WEB SITE, ANY DELAY OR INABILITY TO ACCESS OR USE THIS WEB SITE, OR THE USE OR INABILITY TO USE, OR ANY ERROR, OMISSION OR INACCURACY CONTAINED IN, ANY DATA, INFORMATION, RECORD OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING LIABILITY TO THIRD PARTIES OR ARISING FROM ANY FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR TO EXERCISE COMMERCIALLY REASONABLE CARE OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF PERFORMANCE.
THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY OR ANY BREACH OR DEFAULT BY US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law
The canton of Vaud law govern any action or proceeding relating to these Terms of Use, and your use of the Web site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under these terms of use. You and MediaPhone SA website agree to submit to the personal and exclusive jurisdiction of the courts located within the canton of Vaud, Switzerland.
Last updated 28 September 2009
