Cassiber AG Terms of Use

Cassiber allows, on behalf of its customers, specific users to access a customer platform established on the Cassiber server platform to an extent contractually stipulated between Cassiber and the customer, to create an individual personal profile and view information (in the form of data, suggestions, notices, and the like), and to enter such information in the customer platform on their own.

By accessing this website, you accept the Terms of Use contained herein. If you do not agree with them, you must refrain from using this website.

I. AREA OF APPLICATION

1. These Terms of Use apply to all services provided by Cassiber.
2. The German version of the present Terms of Use shall in all instances take precedence over a translation. A faulty translation or possibilities of interpretation caused by the translation shall have no effect on the rights and duties of the users or of Cassiber.
3. The owner of a customer platform is also entitled to stipulate separate provisions governing the legal relationship between him and the users to whom he grants access to his customer platform. If that is the case, then the specific terms of use applicable to use of the customer platform apply to the relationship between the owner of the customer platform and the user. Cassiber enables the customer to show these specific terms of use on the platform after login and/or to make them visible on a customer-specific basis.

II. RIGHTS AND DUTIES OF USERS

1. Registration Duty
   
   Registration of the user as a member is required in order to use the Cassiber services.
   
   When registering as user, you accept the Terms of Use, including the Privacy Policy, by selecting the respective input field.
2. Duty to Provide Truthful Information
   
   When registering and when using the offering, users are obligated to provide truthful information. You may select any user name of your choosing and use a fantasy name when registering. Registering under a false name, i.e., the name of another person, is prohibited and will result in immediate deletion of the user account.
3. Duty to Exercise Care in Using Access Data
   
   When registering, users are prompted to choose a user name and password. You are obligated to choose an appropriate password, to maintain it with care, to keep it secret, to protect it from third-party access, and not to pass it on to third parties. Only the holder of this account is permitted to use the user account, and it may be neither made available to third parties nor sold or otherwise transferred to third parties. You are liable toward Cassiber for all loss resulting from the misuse of your access data by you or by third parties.
   
   You are also obligated to refrain from using the user account, the user name, or the password of another user.
4. Use of the Offering
   
   You are entitled to use the services offered by Cassiber in accordance with the respective terms, and you are obligated to comply with the present Terms of Use and follow any instructions from Cassiber concerning use of the customer platform made accessible to you.
   
   You are obligated in particular to refrain from any use of the services that is in violation of applicable provisions of law, the present Terms of Use, or public morals. The following actions in particular are impermissible:
   
   
   • Distributing or making accessible illegal content, such as pornographic content, content glorifying violence, racist or defamatory content, or other content in violation of provisions of criminal law;
   • Uploading and distributing content that violates third-party privacy rights (e.g., uploading and distributing photographs without the permission of the persons depicted);
   • Uploading and distributing content that infringes on third-party intellectual property rights (e.g., the unauthorized use of a trademark or the unauthorized use of copyright-protected works, such as pictures, maps, drawings, etc.);
   • Committing or participating in a criminal act (e.g., fraud, violation of business secrets, forgery, coercion, threats, illicit gambling, etc.) through use of the offering.
5. Prohibition on Commercial Use
   
   All services are intended exclusively for your personal use and may not be used for commercial purposes without the express prior consent of Cassiber.
6. Uploading Content
   
   Each user is solely and fully responsible for the content of the information that he distributes by way of the Cassiber website and the customer platform accessible to him or that he makes available for download (evaluations and recommendations, other text, images, audio/video files, etc.) and for all references (especially links) to such information.
   
   By making content available or accessible through use of the Cassiber services, you grant Cassiber and the owner of the customer platform a nonexclusive and gratuitous worldwide license (with the entitlement to sublicense to an unlimited number of licensees) to use, copy, modify, adapt, translate, publicly offer, publicly display, store, reproduce, transmit, and distribute such content. This granting of rights is of unlimited duration and continues without restriction after the end of your membership.
   
   You declare and represent to Cassiber, the owner of the customer platform, and third parties that you are entitled to grant these rights to the extent specified here and that making the content accessible does not constitute a violation of law or of the present Terms of Use, or an infringement of third-party rights. You agree to pay all fees and other compensation, including damages, which are attributable to your making content accessible.
7. Communication with Other Members
   
   You are solely responsible for your communication with other members. Cassiber cannot screen or monitor possible communication between users by way of the Cassiber website and the customer platform (email, chat, instant messaging, etc.) or the information published by you or other users.
8. Prohibition on Collecting Data and on Automated Uses of the System
   
   Collecting user names and/or email addresses of other uses by electronic or other means for the purpose of sending unsolicited email or sending “junk mail," “chain letters," or mass mails or mass instant messages is prohibited. The same is true of any automated use of the systems (e.g., using bots).
   
   Also prohibited is any action that could impair the functionality of the platform infrastructure, especially by overloading it.
9. Duty to Notify
   
   Each user is obligated to inform Cassiber immediately if he suspects unauthorized use of his access data or his user account or if he learns of another form of misuse of the services and products by a third party or another member. You have the option of flagging offending members and/or their information and/or sending a message to flag@cassiber.com.

III. RIGHTS AND DUTIES OF CASSIBER

1. Cassiber makes disk space on an Internet-connected server available to its customers for storing user profiles and the content made accessible by users on the customer platform by way of the Cassiber website. As operational resources allow, Cassiber endeavors to offer the services around the clock free of downtime and interruptions. However, maintenance, repairs, expansions of services, etc. may necessitate temporary interruptions in service. Cassiber informs you of such interruptions in service by way of the Cassiber website, to the extent that they can be anticipated and advance notice is possible under the circumstances.
2. There is no right to publish content transmitted by a user on the Cassiber website or the customer platform. Cassiber reserves the right to refuse, at its own discretion, to publish content and to delete any type of previously published content without advance notice or cause.
3. Cassiber reserves the right, in the event of a concrete indication or grounded suspicion of illegal activity and/or violation of the present Terms of Use or of the Privacy Policy, to apply appropriate measures and sanctions against the offending user, in particular to block or completely delete his profile and user account without advance notice, and to take any and all legal steps. In the presence of a corresponding court or administrative order, Cassiber is moreover obligated to surrender the personal data of the offending user to the prosecutorial and judicial authorities.

IV. INTELLECTUAL PROPERTY

1. All content published by Cassiber on the Cassiber website, including parts thereof, is the intellectual property of Cassiber and may be employed only for the private use of users. Any other use is permissible only with the consent of Cassiber. In particular, users are not permitted to alter the Cassiber content, make commercial use of it in any form, or distribute it without the prior consent of Cassiber.
2. Ownership of the information input by the user is vested in the owner of the platform if that owner is clearly identifiable as the addressee at the time of transfer of the information and has a valid customer agreement with Cassiber. Information is understood to mean all written and oral data stored on the platform, regardless of its form of transfer, storage, or organization.
3. If the addressee of information is not clearly identifiable or if there is no agreement between the addressee and Cassiber, the user as information provider is considered the owner of the information if that user is identifiable as such at the time of transfer. If the information provider cannot be clearly identified via the platform, then Cassiber is considered the owner of the information.
4. The Parties acknowledge that all current and future intellectual property rights in connection with use of the platform, in particular copyrights, be they either original or derivative, become the property of the person identified as the owner pursuant to the preceding provisions. Contrary provisions may be stipulated in the specific terms of use for the respective customer platform.

V. USERS’ LIABILITY

1. Each user is solely responsible for the content of all information that he conveys, publishes, distributes, or otherwise makes accessible by way of the Cassiber website, and for his communication with other users or the owner of the customer platform made accessible to him. Users are thus asked to choose the information that they publish with Cassiber and make available to others carefully and to abide by the present Terms of Use and the applicable provisions of law.
2. Each user is liable toward Cassiber for all loss that is attributable to violations of the provisions contained in these Terms of Use and of statutory duties. In particular, they are obligated to hold harmless Cassiber against any third-party claims that result from use of the offering in violation of any law or agreement and to fully compensate Cassiber for any costs incurred as a result (including any legal fees and court costs).

VI. CASSIBER WARRANTIES AND LIABILITY

1. Exclusion of Liability
   
   The liability of Cassiber is fully excluded for direct and indirect loss, incidental and consequential loss, or loss of profits, earnings, production or data owing to simple negligence. This exclusion is qualified by compulsory provisions of law pertaining to liability.
2. No Guarantee of Availability of the Website
   
   Cassiber performs with due care and professional competence. Cassiber performs by way of the open Internet and can make no guarantee of the uninterrupted availability or the flawlessness of its performance. Cassiber is not liable for any interruptions of service and/or technical disruptions and their effects. Cassiber therefore assumes no liability for damage arising from the loss of data or the inability to gain access to the Internet or to send or receive information.
3. No Screening of Content and Use of the Service
   
   The service provided by Cassiber is limited to making content generated by Cassiber accessible and making a customer platform available for users to upload and exchange information. The services provided by Cassiber, and the customer platform and the content present there, may be employed only for the use permitted pursuant to the present Terms of Use.
   
   Cassiber does not warrant the accuracy and completeness of the information and content present on the Cassiber website or the customer platform. Cassiber also assumes no responsibility for screening the services for inappropriate content or inappropriate user conduct. The information made accessible on the customer platform by users reflects their personal opinion only and is their responsibility exclusively.
   
   Even if Cassiber decides, at its own discretion, to screen the services, Cassiber neither assumes responsibility for the content nor for modifying or deleting inappropriate content nor for the conduct of the users publishing such content.
   
   Cassiber therefore assumes no warranty and liability for content or for the accuracy and reliability of content, information, or other communication made accessible by members by way of the Cassiber website or the customer platform made available to them.
4. No Screening and Guarantee of the Identity of Members
   
   Cassiber cannot screen the identity of the registered users and is under no obligation to verify whether a registered user is actually the person that he claims to be. Cassiber therefore provides no guarantee of the actual identity of any user.
5. No Liability for Offers or Third-Party Websites
   
   Cassiber also presents third-party offers on the website and/or provides links to third-party offers or websites. In addition, profiles or information formulated and published by users can contain such links to third-party offers or websites. Cassiber is not responsible for these offers or for the content of third-party websites and expressly denies all liability in connection with third-party offers or websites. Cassiber therefore asks its users to consult the applicable general terms and conditions, terms of use, and data protection provisions of the respective provider before accepting such an offer.

VII. DATA PROTECTION AND DATA SECURITY

• In its handling of personal data, Cassiber abides by the applicable legal requirements pertaining to data protection, which are explained in greater detail in the data protection statement provided on the Cassiber website. Using our services constitutes the user’s acceptance of our data protection statement. The owners of the customer platforms also have the option of declaring that their own data protection statements are additionally applicable to those platforms. If so, the relationship between the owner of the customer platform and the user is governed by the data protection provisions found there. If you believe that a data protection statement declared applicable by the owner of the customer platform does not satisfy the applicable provisions of law, you must first contact the owner of the customer platform concerning this. If the owner does not react to your inquiry, you can contact Cassiber at datenschutz@cassiber.ch, referencing the failed inquiry to the owner of the customer platform, and we will respond to your inquiry as quickly as possible.

VIII. TERM AND TERMINATION OF MEMBERSHIP

1. General Provision
   
   These Terms of Use retain full validity for the entire term of the respective membership.
2. Right to Terminate Membership
   
   Users are entitled to end their membership at any time by deleting their profile and user account.
   
   In the event that a user acts in violation of the present Terms of Use or provisions of law, Cassiber is entitled to terminate the membership of the offending user with immediate effect.

IX. MISCELLANEOUS PROVISIONS

1. Changes in These Terms of Use
   
   Cassiber reserves the right to modify these Terms of Use at any time. Cassiber shall announce any changes through messages sent to the email address indicated in the respective user’s profile. The user is responsible for registering his current email address. Continued use of the services after the modified Terms of Use have entered into force constitutes the user’s acceptance of the new Terms of Use. We therefore ask that you consult the website regularly in order to ensure that you are informed of any changes.
   
   The latest version of the Terms of Use can be accessed and printed from the Cassiber website at any time.
2. Severability Clause
   
   Should any of the provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended meaning and purpose of the invalid provision.
3. Governing Law and Venue
   
   These Terms of Use and all disputes arising from or in connection with use of the services and/or the contractual relationship between a user and Cassiber are governed exclusively by the substantive laws of Switzerland.
   
   The exclusive venue is the regular courts at the registered office of Cassiber AG. In the alternative, Cassiber is entitled to take action against the user at his domicile.

Cassiber AG, Zurich, July 2008
Version 2008/1.0