Terms of use

In these Terms of Use, Databoat AG, Wil / St. Gallen, Switzerland, is referred to throughout as ‘Databoat’ and its websites as ‘Databoat Websites’.

Recognition of the terms of use
Violation of these terms of use
General restrictions
Changes to services/content
No commercial use of services/content
Intellectual property rights
Data protection
Warranty disclaimer
Exemption
Limitations of liability
Usage guidelines
Uploads
Links
Warranties of the user
Miscellaneous
Choice of law and place of jurisdiction

1. Recognition of the terms of use

Access to and use of the Databoat Websites and all sites and services thereon are subject to the following terms and conditions, policies and applicable laws. In addition, if you use certain services offered on the Databoat Websites, you and Databoat will be subject to any additional guidelines or rules posted on the Databoat Websites. Each such policy or rule is hereby incorporated into these Terms of Use. All information, documents, products, trademarks, offers and other materials, including any software and any links (hereinafter ‘Content’) available on the Databoat Websites are subject to these Terms of Use. By accessing and using the Databoat Websites, you accept these Terms of Use (including the Databoat Privacy Statement) unreservedly and unconditionally and declare that any other agreement between you and Databoat regarding the use of the Databoat Websites is hereby superseded and has no legal force or effect. Databoat reserves the right to amend these Terms of Use at any time. Such amendments shall become effective immediately upon posting of the amended Terms of Use on the Databoat Websites. Any such changes will be binding on you, so you should check this page regularly to review the current Terms of Use. Your continued access and use of the Databoat Websites following such changes will be deemed your acceptance of the modified Terms of Use.

2. Violation of these terms of use

The authorisation to use the services/content shall automatically expire in the event of a breach of the terms of use. In this case, you must immediately destroy all copies of the content, regardless of whether these have been created in a file, as a document or otherwise. If Databoat believes, in its sole discretion, that you have violated these Terms of Use, Databoat may, in addition to any existing legal rights and remedies, notify you of your misconduct, delete or remove any communications or content you have provided or sent, notify the relevant law enforcement authorities in any country and/or take any other action Databoat deems appropriate.

3. General restrictions

If the jurisdiction to which you are subject prohibits compliance with these Terms of Use (in particular the provisions relating to choice of law and jurisdiction, indemnification, disclaimer of warranties, limitations of liability and the Privacy Statement) in whole or in part or deems access to the Databoat Websites to be unlawful, you are not authorised to use the Databoat Websites. You are solely and fully responsible if you nevertheless access the Databoat Websites.

4. Changes to services/content

Databoat reserves the right to change or temporarily or permanently discontinue the services/content at any time and without prior notice. Databoat is not liable for changes, interruptions and temporary exclusions of the services/content.

5. No commercial use of services/content

The services/content, the use of services/content, access to services/content or parts thereof may not be reproduced, duplicated, copied, sold, resold or utilised for commercial purposes.

6. Intellectual property rights

The copyrights to the content of the Databoat website belong to Databoat or its licensors. However, Databoat does not own all the trademarks mentioned in the content of the Databoat websites.

You may access the Databoat websites and download content from these sites, including text, images, audio and video, for non-commercial purposes, unless the relevant service mentions any further restriction. The content may not be distributed, modified, transmitted, reused, reformatted or utilised for private or commercial purposes without the prior written consent of Databoat AG.

Any copyright or proprietary right contained in the downloaded content must be retained and reproduced. Unless otherwise stated, everything you see or read on the Databoat websites is protected by copyright and may only be used in accordance with the terms of use or the wording of the Databoat websites without the prior written consent of Databoat. For any other type of use, you require Databoat’s authorisation. Databoat cannot guarantee that the use of the content on the Databoat websites will not infringe the rights of third parties.

With the exception of the aforementioned authorisations, no licences or rights to the content or copyright can be granted or transferred by Databoat or other persons to the users.

The Databoat Websites may contain trademarks, patents, proprietary information, technologies, products, processes, or other proprietary rights of Databoat and/or third parties. No licence can be granted or transferred to you for these trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights.

7. Data protection

Databoat respects personal rights, which is why data protection is a top priority at Databoat. Your data will be treated with absolute confidentiality. For more details, please consult the Privacy Statement, which is part of the Terms of Use.

8. Warranty disclaimer

You acknowledge and agree that Databoat does not provide specific legal opinions, nor does it recommend or endorse the purchase or selection of any products or services.

Databoat would like to provide you with information to improve your legal understanding and to clarify the area in which we operate. These services are provided for the general understanding and information of our clients. They are not a substitute for professional legal advice. Such legal advice is not offered on the Databoat websites. We recommend that you consult a qualified professional for legal advice.

Databoat endeavours to ensure that the content is accurate and up to date. Technical inaccuracies and typographical errors may occur. Databoat reserves the right to make changes and/or corrections without prior notice.

Databoat makes no warranties, representations or endorsements of any kind, express or implied, with respect to the Databoat Websites or the information, products, services or other materials found on the Databoat Websites. Databoat assumes no liability for errors or omissions in the content. THE CONTENT IS PROVIDED ON AN ‘AS IS’ BASIS. databoat DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Databoat MAKES NO WARRANTY AS TO THE ACCURACY, VALIDITY, COMPLETENESS OR ACCURACY OF ANY INFORMATION PROVIDED TO YOU FOR ANY REASON.

Databoat cannot represent or warrant that files available for downloading from the Databoat Websites will be free of viruses, worms, Trojan horses or other data that may have contaminating or destructive properties. Please note that it is your sole responsibility to take the necessary precautions, procedures and controls to ensure the security of data traffic and to provide means external to the Databoat Website to recover lost data. Databoat is not responsible for any loss of information, data or other material caused by the use of the Databoat websites. The functions of these sites or the materials contained therein are not warranted to be uninterrupted, timely, secure or error-free.

9. Exemption

You shall indemnify Databoat, its owners, attorneys, legal counsel, employees, agents, information providers, affiliates, advertisers and service providers against damages, losses, liabilities, claims, demands, suits (judicial or administrative), judgements, costs and expenses (including attorneys’ fees incurred as a result of claims brought by third parties related to the Databoat Websites).

10. Limitations of liability

IN NO EVENT SHALL Databoat, ITS OWNERS, ADMINISTRATORS, LAWYERS, EMPLOYEES, AUTHORISERS, INFORMATION PROVIDERS, COMPANIES, ADVERTISERS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, YOU OR ANY OTHER Databoat WEBSITE USER SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, PUNITIVE DAMAGES, INJUNCTIVE DAMAGES, or ANY CRIMINAL PENALTIES, PENALTIES OR ANY OTHER FINES OR DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS, OR LIABILITIES, WHATSOEVER ARISES THROUGH Databoat Websites OR SITES LINKED TO Databoat Websites AND/OR FOR THE CONTENT OR INFORMATION PROVIDED BY Databoat Websites. PLEASE RECOGNISE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF Databoat Websites.

11. Usage guidelines

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, scandalous, inflammatory, pornographic or profane material or communications, or any solicitation, collection of signatures, chain letter, pyramid scheme letter, advertisement or material that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. Databoat may, if requested or required, disclose the identity of anyone disseminating such material and co-operate with any competent authority.

If Databoat believes that you have violated these Terms of Use, we may take corrective action at any time, deny the user access to the Databoat Websites and remove the user’s information, data and content from the Databoat Websites without prior notice. Databoat accepts no liability in the event of violations.

You agree to indemnify and hold Databoat harmless from any and all claims, damages, liabilities, actions, suits, proceedings (judicial and administrative) and expenses arising out of or relating to your use of discussions, chats, postings, transmissions, notices and the like available on the Databoat Websites or your misconduct. Such claims include, but are not limited to, claims relating to trademarks, service names, brands, copyrights, patent infringement, trade dress, tortious interference with contractual or prospective business relationships, libel or defamation of character, misrepresentation or breach of warranty, or other business torts.

12. Uploads

Communications and material, including data, questions, comments and suggestions, which you transmit to the Databoat websites by e-mail or otherwise, will only be treated confidentially if Databoat expressly agrees. Exceptions can be found in the Privacy Statement. Anything you transmit or send to us becomes the property of Databoat or may be used for our purposes, including reproduction, disclosure, transmission, publication, distribution and broadcast. Ideas, concepts, know-how, technical content and other communications you submit to the Databoat Websites may be freely used by Databoat, including, but not limited to, developing, manufacturing and marketing products.

13. Links

Databoat does not check the links of third parties that are on the Databoat websites and therefore accepts no liability for their content. You may create links to the Databoat Websites, provided that the content is not reproduced within a frame. Databoat may prohibit you from creating links without further justification. In this case, you are obliged to delete the links within two days of being notified by Databoat.

Databoat accepts no liability for links that lead from the Databoat websites to other websites. In particular, Databoat is not responsible for the accuracy and legality of their content. Databoat accepts no liability if the Privacy Statement and/or the terms of use of a third party are violated or ignored.

14. Warranties of the user

You confirm and warrant that you are at least 18 (eighteen) years of age, that you have the legal capacity to enter into this Agreement and to use the Databoat Websites in accordance with the Terms of Use.

15. Miscellaneous

Databoat’s failure to insist on or enforce the implementation of the Terms of Use shall not be construed as a waiver by Databoat of such terms and rights.

Any ineffective or invalid parts of these provisions shall be replaced in accordance with the meaning and purpose of these terms of use, without these themselves becoming null and void.

The Terms of Use constitute the agreement between you and Databoat in connection with the topics covered. Any other agreement between you and Databoat regarding the use of the Databoat Websites is hereby superseded and of no force or effect.

Except as provided for in the Terms of Use, the provisions may not be changed in whole or in part. Any contradictory or conflicting content on the Databoat websites shall be cancelled by these Terms of Use.

16. Choice of law and place of jurisdiction

By accessing and using the services on the Databoat Websites, you and Databoat agree that any legal matters and/or disputes arising from the access and use of the Databoat Websites shall be governed exclusively by Swiss law, without regard to the provisions of international private law. Any disputes arising from these Terms of Use (including but not limited to the Privacy Statement) shall be subject to the exclusive jurisdiction of the courts of St. Gallen, Switzerland. You waive any objection to this jurisdiction.

These terms of use were updated on 24 May 2018.