General Terms and Conditions
Noson AG, In der Breiti 2, 8047 Zurich | Phone: +41 (0)44 500 73 51 | E-mail: [email protected]
By accessing this website, you are deemed to have accepted these terms and conditions in full. Do not continue to use Noson AG's website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer and to all contracts and agreements: "Customer", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "We", "Us", "Our" and "Us" refers to our company. "Party", "Parties" or "Us" refers to both the Customer and Us or either the Customer or Us. All terms refer to the offer, acceptance and consideration of payment necessary to carry out the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of fixed duration or by other means, for the express purpose of meeting the Client's needs in relation to the provision of the Company's stated services/products, in accordance with and subject to the applicable law of Switzerland. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are considered interchangeable and therefore refer to the same thing.
AGREEMENT TO THE TERMS OF USE
These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Noson AG ("we", "us" or "our") concerning your access to and use of the website https://noson.ch and any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the "Website"). By accessing the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents posted on the Site from time to time are hereby expressly incorporated by reference into these Terms of Use. We reserve the right, in our sole discretion, to change or modify these Terms of Use at any time and for any reason. We will notify you of any changes by updating the "last updated" date of these Terms of Use, and you waive the right to be notified separately of any such change. It is your responsibility to review these Terms of Use periodically to be aware of any updates. Your continued use of the Website after the date of posting of the revised Terms of Use will constitute your acceptance of the revised Terms of Use and you will be deemed to have acknowledged and accepted the changes.
The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement in any such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors in the country in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian in order to use the Site. If you are a minor, you must get your parent or guardian to read and agree to these Terms of Use.
DISCLAIMER THE
WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY SITES LINKED TO THE SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ANY ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION DISPLAYED IN A BANNER OR OTHER ADVERTISEMENT.
ARE ADVERTISED OR OFFERED, AND WE ARE NOT A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. We reserve the right not to be responsible for the correctness, accuracy, timeliness, reliability and completeness of the information. Liability claims against Noson AG for material or immaterial damage resulting from access to or use or non-use of the published information, from misuse of the connection or from technical faults are excluded. All offers are subject to change.
Unless otherwise indicated, the Site is our property and all source code, databases, functionality, software, site designs, audio, video, text, photographs and graphics on the Site (collectively, the "Content"), and the trademarks, service marks and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions and international conventions. The Content and Trademarks are provided on the Site "as is" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
If you are authorized to use the Site, you are granted a limited license to access and use the Site and to download or print any portion of the Content to which you have been properly granted access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Website, the Content and the Trademarks.
USER DECLARATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit is true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update the registration information as needed; (3) you have the legal capacity and agree to abide by these Terms of Use;(4) you are not under 13 years of age; (5) you are not a minor in the jurisdiction in which you reside, or, if a minor
you have your parents' permission to use the Website; (6) you are not accessing the Website through automated or non-human means, whether through a bot, script or otherwise; (7) ) You are not using the Website for any illegal or unauthorized purpose; and (8) Your use of the Website does not violate any applicable laws or regulations.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
REFUND POLICY
For hygienic reasons, no right of return can be granted. If you have any questions, please contact [email protected] or use the live chat function. Swiss law does not provide for a right of withdrawal for online purchases. A purchase contract in accordance with Art. 184 ff. of the Swiss Code of Obligations can be concluded digitally "with a click". The customer of a Swiss webshop can therefore conclude a purchase contract by clicking on the buy button.
CONSUMER GUARANTEE
is excluded. If a defect is found, the manufacturer's warranty applies.
MANUFACTURER'S WARRANTY
Granted in individual cases after internal review.
DELIVERY TIMES
Shipping normally takes one to two days. Receipt of the order may vary depending on the country of arrival and customs processing time. Swiss law does not stipulate a maximum period for deliveries.
SOFTWARE
We may provide software for use in connection with our Services. If such Software is accompanied by an End User License Agreement ("EULA"), the terms of the EULA will govern your use of the Software. If the Software is not accompanied by an EULA, we grant you a non-exclusive, revocable, personal and non-transferable license to use the Software solely in connection with our Services and in accordance with these Terms of Use. The
Software and related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume the entire risk arising out of the use or performance of the software. You may not reproduce or redistribute any Software except in accordance with the EULA or these Terms of Use.
PROHIBITED ACTIVITIES
You may only access or use the Website for the purpose for which we make it available. The Website may not be used in connection with any commercial enterprise unless expressly endorsed or authorized by us.
As a user of the website, you undertake not to do anything:
- Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
Any unauthorized use of the Website, including the collection of usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
The use of a purchasing agent or purchasing agency to make purchases on the website.
4. to use the website to advertise goods and services or to offer them for sale.
5. circumvent, disable or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of content or enforce limitations on the use of the Website and/or the content contained therein.
6. unauthorized framing of the website or linking to the website.
7. to trick, defraud or mislead other users and us, in particular by attempting to obtain sensitive account information such as user passwords.
8. make improper use of our support services or submit false reports of abuse or misconduct.
9. any automated use of the system, such as the use of scripts to send comments or messages or the use of data mining, robots or similar tools to collect and extract data.
10. interfere with, disrupt or impose an unreasonable burden on the Website or the networks or services connected to the Website.
11. attempt to impersonate another user or person or use the user name of another user.
12. to sell or otherwise transfer your profile.
13. use information obtained from the Website to harass, abuse or harm another person.
14. the website for
compete with us, or otherwise use the Site and/or the Content for any revenue-generating endeavors or commercial ventures.
use.
15. decipher, decompile, disassemble or reverse engineer any software contained on or in any way forming part of the Website.
16. attempting to circumvent any measures of the Website designed to prevent or restrict access to the Website or parts of the Website.
17. harass, annoy, intimidate or threaten any of our employees or agents who provide any part of the Website to you.
18. to delete copyright notices or other references to ownership rights of content.
19. copy or adapt the Website's software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
20. uploading or transmitting (or attempting to upload or transmit) any viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with the uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Website.
21. uploading or transmitting (or attempting to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "PCMs").
22. except for the result of a standard search engine or Internet browser, you may not use, launch, develop or distribute any automated system, including but not limited to spiders, robots, cheat utilities, scrapers or offline readers that access the Site, or use or launch unauthorized scripts or other software.
23. disparage, denigrate or otherwise harm us and/or the Website.
24. use the Website in a manner inconsistent with applicable laws or regulations.
USER-GENERATED CONTRIBUTIONS
The Website may invite you to chat, contribute or participate in blogs, message boards, online forums and other features, and may provide you with the ability to create, submit, post, display, transmit, perform, publish, distribute or send content and materials to us or on the Website, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, "Contributions"). The Contributions may be viewed by other users of the Website and via third party websites. Therefore, any Contributions you submit may be treated as non-confidential and non-proprietary. If you create or provide any Contributions, you hereby represent and warrant that:
- The creation, distribution, transmission, public display or performance, access, downloading or copying of your Submissions does not violate the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights, of any third party.
You are the author and owner or have the necessary licenses, rights, consents, clearances and permissions to authorize us, the Website and other users of the Website to use your Submissions in the manner contemplated by the Website and these Terms of Use.
You have the written consent, release and/or permission of each and every identifiable individual in your Contributions to use the name or likeness of each and every identifiable individual to enable the inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. your posts are not false, inaccurate or misleading.
5. your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
6. your posts are not obscene, lewd, lascivious, filthy, violent, harassing, abusive, defamatory or otherwise objectionable (as determined by us).
7. your contributions do not ridicule, mock, denigrate, intimidate or insult anyone.
8. your contributions do not advocate the violent overthrow of any government or incite, encourage or threaten physical violence against others.
9. your contributions do not violate any applicable laws, regulations or rules.
10. your contributions do not violate the privacy or publication rights of third parties.
11. your posts do not contain material that solicits personal information from anyone under the age of 18 or exploits anyone under the age of 18 in a sexual or violent manner.
12. your posts do not violate any federal or state laws regarding child pornography or otherwise intended to protect the health or welfare of minors.
13. your posts do not contain offensive comments related to race, national origin, gender, sexual preference or physical disability.
14. your contributions do not violate the provisions of these Terms of Use or any applicable laws or regulations, nor do they contain links to materials that violate them.
Any use of the Site in violation of the foregoing constitutes a breach of these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
LICENSE FOR CONTRIBUTIONS
By posting your Submissions to any part of the Site or making Submissions available on the Site by linking your account from the Site to any of your social media accounts, you automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Submissions (including, but not limited to, your image and voice) for any commercial, advertising or other purpose and to create derivative works based thereon or incorporate such Submissions into other works, and to grant and authorize sublicenses of the foregoing. The use and distribution may take place in all media formats and via all media channels.
This license applies to any form, media or technology now known or developed in the future and includes our use of your name, company name and franchise name and any trademarks, service marks, trade names, logos and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that no moral rights in your Contributions have been asserted.
We do not claim any ownership rights in your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions that you provide in any area of the Site. You are solely responsible for your Contributions on the Website and you expressly agree to indemnify us against any liability and to refrain from any legal action against us in relation to your Contributions.
We have the right, in our sole and absolute discretion, to (1) edit, redact or otherwise modify any Contributions; (2) re-categorize Contributions to place them in more appropriate locations on the Site; and (3) pre-screen or delete Contributions at any time and for any reason without notice. We are under no obligation to monitor your Contributions.
LICENSE FOR THE USE OF MOBILE APPLICATIONS
If you access the Site through a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices in strict accordance with the terms and conditions of this Mobile Application License contained in these Terms of Use. You may not: (1) decompile, reverse engineer, disassemble, attempt to derive or decipher the source code of the Application; (2) make any modifications, adaptations, enhancements, extensions, translations or derivative works of the Application; (3) violate any applicable law, rule or regulation in connection with your access to or use of the Application; (4) remove, alter or obscure any proprietary notices (including copyright or trademark notices) displayed by us or the Application's licensors; (5) use the Application for any for-profit endeavor, commercial enterprise or other purpose for which it was not designed or intended; (6) make the Application available over a network or other environment that enables access or use by multiple devices or users simultaneously; (7) use the Application to create a product, service or software that directly or indirectly competes with or in any way replaces the Application; (8) use the Application to send automated queries to a website or to send unsolicited commercial email; or (9) use proprietary information or our interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of any application, accessory or device for use with the Application.
APPLE AND ANDROID DEVICES
The following terms apply when you use a mobile application from the Apple Store or Google Play (each, an "App Distributor") to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that uses the Apple iOS or Android operating system, respectively, and in accordance with the usage rules set forth in the applicable App Distributor's terms of use; (2) we are responsible for providing maintenance and support services with respect to the mobile application. Android operating system, and in accordance with the usage rules set forth in the applicable App Distributor's terms of use; (2) we are responsible for providing maintenance and support services with respect to the Mobile Application as specified in the terms of such Mobile Application license in these Terms of Use or as otherwise required by applicable law, and you acknowledge that each App Distributor is under no obligation whatsoever to provide maintenance and support services with respect to the Mobile Application; (3) if the Mobile Application does not conform to the applicable warranty, you may notify the applicable App Distributor, and the App Distributor may, in accordance with its terms and policies, refund the purchase price paid for the Mobile Application, if any, and the App Distributor will have no further warranty obligations with respect to the Mobile Application to the extent permitted by applicable law; (4) you represent and warrant that (i) you are not located in a country subject to a U.S. embargo, and (ii) you are not located in a country subject to a U.S. embargo.(4) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with any applicable third party terms of agreement when using the Mobile Application, e.g., if you are using a VoIP service, you must comply with the terms of any such third party agreement. For example, if you have a VoIP application, you may not violate its wireless data services agreement when using the Mobile Application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of this Mobile Application License contained in these Terms of Use and that each App Distributor has the right (and will be deemed to have accepted the right) to enforce the terms of this Mobile Application License contained in these Terms of Use against you as a third-party beneficiary.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account to online accounts you have with third party service providers (each such account, a "Third Party Account") by either: (1) providing your Third Party Account login information through the Site; or (2) allowing us to access your Third Party Account as permitted under the applicable terms governing your use of the applicable Third Party Account. You represent and warrant that you are authorized to provide us with your Third Party Account login credentials and/or grant us access to your Third Party Account without violating the terms governing your use of the applicable Third Party Account and without us being obligated to pay any fees or being subject to any usage restrictions imposed on us by the Third Party Account provider. By granting us access to Third Party Accounts, you agree that (1) we may access, make available and store content that you have provided to and stored in your Third Party Account (the "Social Network Content") so that it is available on and through the Site through your account, including without limitation any friend lists, and (2) we may transmit to and receive from your Third Party Account additional information to the extent you are notified when you link your account to a Third Party Account. Depending on the Third Party Accounts you choose, and subject to the privacy settings you have set in those Third Party Accounts, personal information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a third-party account or associated service is no longer available or our access to such third-party account is terminated by the third-party provider, the social network content may no longer be available on and through the Site. You have the ability to disable the connection between your account on the Site and your third-party accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THOSE THIRD PARTY PROVIDERS.
RULED. We make no effort to review Social Network Content, including without limitation for accuracy, legality or non-infringement, and we are not responsible for Social Network Content. You acknowledge and agree that we may access your email address book associated with a third party account and your contact list stored on your mobile device or tablet computer for the sole purpose of notifying you of contacts who have also registered to use the Website. You can disable the connection between the Website and your third party account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such third-party account, except for the username and profile picture that will be associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site ("Submissions") you provide to us shall be non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights in such Submissions, and you hereby warrant that such Submissions are yours or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
This Agreement shall commence on the date of this Agreement.
Certain parts of this website offer users the opportunity to post and share opinions, information, materials and data ("Comments") in areas of the website. Noson AG does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Noson AG, its agents or affiliates. Comments reflect the views and opinions of the person posting such views or opinions. To the extent permitted by applicable laws Noson AG shall not be responsible or liable for the Comments or for any loss cost, cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Noson AG reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
You are authorized to publish the comments on our website and have all necessary licenses and permissions to do so.
to do this;
the comments do not infringe any intellectual property rights, including but not limited to copyrights, patents or trademarks or other proprietary rights of third parties;
the comments do not contain defamatory, abusive, offensive, indecent or otherwise unlawful content or content that constitutes an invasion of privacy
; the comments are not used to promote business or custom or to portray commercial activities or unlawful activities.
You hereby grant to Noson AG a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
GUIDELINES FOR EVALUATIONS
We may provide you with areas on the Website where you can submit ratings or reviews. When submitting a review, you must adhere to the following criteria: (1) You should have first-hand experience with the person/entity being reviewed; (2) Your reviews should not contain offensive, racist, abusive or hateful language; (3) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) Your reviews should not contain references to illegal activity; (5) You should not associate with competitors when posting negative reviews; (6) You should not infer the legality of any conduct; (7) You may not post false or misleading statements; and (8) You may not organize a campaign that encourages others to post positive or negative reviews.
We may accept, reject or remove reviews at our sole discretion. We are under no obligation whatsoever to review or delete reviews, even if someone considers the reviews to be offensive or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinion or the opinion of any of our subsidiaries or affiliates. We accept no liability for a review or for any claims, liabilities or losses arising from a review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute any content related to reviews.
HYPERLINKING TO OUR CONTENT
The following organizations may link to our website without prior written permission:
Government agencies,
Search engines,
News organizations,
Distributors of online directories, if they include us in the directory, may link to our website in the same way that they hyperlink to the websites of other listed companies; and
Systemwide Accredited Businesses, with the exception of non-profit organizations, charity shopping malls and fundraising groups, which may not hyperlink to our website.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may, in our sole discretion, consider and approve other link requests from the following types of organizations:
Generally known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
dot.com community sites;
Associations or other groups representing charities, including charity websites,
Online directory distributor;
Internet portals;
Accounting, legal and consulting firms whose main clients are companies; and
Educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link does not reflect poorly on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as cottage industries); (b) the organization has not had an unsatisfactory experience with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of the link; and (d) the link is in the context of general information or is otherwise consistent with editorial content in a newsletter or similar product that supports the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, the name of your organization, contact information (e.g., phone number and/or email address), the URL of your website, a list of all URLs from which you would like to link to our website, and a list of the URL(s) on our website to which you would like to link. Please expect a response within 2-3 weeks.
Approved organizations can set up hyperlinks to our website as follows:
Through the use of our company name; or
by using the Uniform Resource Locator (web address) to which the link is made; or
by using a different description of our website or the material being linked to that makes sense in the context and format of the content of the linking party's website.
The use of the logo or other graphics of Noson AG for linking is not permitted without a trademark license agreement.
IFRAMES
Without prior authorization and express written consent, you may not create frames around our web pages or use other techniques that alter the visual presentation or appearance of our website in any way.
THIRD PARTY WEBSITES AND CONTENT
The Website may contain links to other websites ("Third Party Sites") and articles, photographs, text, graphics, images, designs, music, sounds, videos, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or Third Party Content. The inclusion of, linking to, or permission to use or install any Third Party Sites or Third Party Content does not imply our endorsement or sponsorship thereof. If you decide to leave the Website and access Third Party Sites or use or install Third Party Content, you do so at your own risk and should be aware that these Terms of Use no longer apply. You should review the applicable terms and policies, including the privacy and data collection practices, of any website you navigate to from the Website or relating to applications you use or install from the Website. Any purchases you make through third party websites will be made through other websites and by other companies and we accept no responsibility in relation to such purchases, which are solely between you and the relevant third party. You agree and acknowledge that we do not endorse the products or services offered on third party websites, and you hold us harmless from any harm resulting from your purchase of such products or services. In addition, you indemnify us against any loss or damage you suffer in connection with third party content or through contact with third party websites.
ADVERTISING
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as in the sidebar or as banner ads. If you are an advertiser, you assume full responsibility for all advertisements you place on the Site and all services offered on the Site or products sold through those advertisements. As an advertiser, you also represent and warrant that you have all rights and authority to place advertisements on the Site, including but not limited to intellectual property rights, publicity rights and contractual rights.
SITE MANAGEMENT
We reserve the right, but are not obligated, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including but not limited to reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, deny, restrict access to, limit the availability of, or disable (to the extent technically feasible) any of your Submissions or any portion thereof; (4) remove or otherwise disable, in our sole discretion and without limitation, notice or liability, any files and content from the Site that are excessive in size or that impose any burden on our systems; and (5) otherwise administer the Site in a manner that protects our rights and property and facilitates the proper functioning of the Site.
PRIVACY POLICY
Data protection and data security are important to us. Please read our privacy policy: https://noson.ch/privacy-policy/. By using the Website, you agree to our Privacy Policy, which forms part of these Terms of Use. Please note that the Website is hosted in the United States. If you are accessing the Site from the European Union, Asia or any other region of the world with laws or other requirements governing the collection, use or disclosure of personal information that differ from applicable laws in the United States, by your continued use of the Site, you are transferring your information to the United States and expressly consent to the transfer and processing of your information in the United States. In addition, we do not knowingly accept information from, solicit or request such information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that a person under the age of 13 has provided us with personal information without the required and verifiable parental consent, we will delete that information from the Site.
CONDITIONS AND TERMINATION
These Terms of Use will remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE, OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED, AT ANY TIME AND WITHOUT WARNING, IN OUR SOLE DISCRETION.
CHANGES AND INTERRUPTIONS
We reserve the right to change, modify or remove the content of the Website at any time and for any reason at our sole discretion without prior notice. However, we are under no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or any part of the Site at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Website.
We cannot guarantee that the Website will be available at all times. Hardware, software or other problems may occur or we may need to perform maintenance in connection with the Website, which may result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Website at any time and for any reason without notice to you. You agree that we shall have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Website during any downtime or suspension of the Website. Nothing in these Terms of Use shall be construed as obligating us to maintain and support the Website or to provide any corrections, updates or releases in connection therewith.
DATA PROTECTION
In accordance with Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to protection of their privacy and protection against misuse of their personal data. We comply with these conditions. Personal data is treated as strictly confidential and is not sold or passed on to third parties.
In close cooperation with our hosting suppliers, we make every effort to protect the databases as far as possible against unauthorized access, loss, misuse or falsification.
When you access our website, the following data is stored in log files: IP address, date, time, browser request and overall transmitted information about the operating system or browser. This usage data forms the basis for statistical, anonymous evaluations so that trends can be identified which we can use to improve our services accordingly.
APPLICABLE LAW
These Terms of Use and your use of the Site shall be governed by Swiss law, which shall apply to contracts entered into and to be performed entirely within the Canton of Zurich, without regard to its conflict of law principles. Swiss substantive law, namely "THE SWISS ORGANISM", shall apply.
DISPUTE RESOLUTION
Any legal action of whatever nature initiated or prosecuted by either you or us (collectively, the "Parties" and individually, a "Party") shall be initiated or prosecuted in the state and federal courts located in Zurich, Switzerland, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum nonconveniens with respect to venue and jurisdiction in such state and federal courts.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING OUT OF THE USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO USD 0.00.
DAMAGE
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) violation of these Terms of Use; (4) breach of your representations and warranties set forth in these Terms of Use; (5) infringement by you of any third party right, including, but not limited to, intellectual property rights; or (6) overt harmful acts toward other users of the Site with whom you are connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of any such claim at your expense. We will use reasonable efforts to notify you of any such claim, suit or proceeding that is the subject of this indemnification as soon as we become aware of it.
USER DATA
We store certain data that you submit to the Website in order to administer the performance of the Website, as well as data relating to your use of the Website. Although we perform routine backups on a regular basis, you are solely responsible for any data that you transmit or that relates to activities you have undertaken on the Website. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising out of any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES The
Visiting the Website, sending e-mails to us and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the Site satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, PURCHASE ORDERS AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any rights or requirements under any statute, regulation, rule, ordinance or other law in any jurisdiction requiring an original signature or the delivery or retention of non-electronic records, or to make payments or extend credit by other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on or in relation to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use apply to the fullest extent permitted by law. We may assign our rights and obligations, in whole or in part, to any third party at any time. We will not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use shall not be construed against us merely because we have drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the failure of the parties to sign these Terms of Use.
CONTACT US
To resolve a complaint regarding the Website or to obtain further information about the use of the Website, please contact us at: [email protected]