CONDITIONS GENERALES D\'AFFAIRES DU 14. OCTOBRE 2007
1. GENERALITES
Eventsuche is an online search tool for event services. The eventsuche Services are hosted in Switzerland. The use of these Services is free. Eventsuche is an internet service of Jonas Zeier with domicile in Switzerland. The present terms and conditions are part of the contract between the user of their services and Jonas Zeier.
This General Terms and Conditions (Agreement) sets forth the legally binding terms for your use of these Services. By using the eventsuche Services, you agree to be bound by this Agreement, whether you are a Visitor (which means that you simply browse the Website) or you are a Member\" (which means that you have registered with eventsuche). The term User refers to a Visitor or a Member. You are only authorized to use the eventsuche Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the its Services immediately. If you wish to become a Member, and make use of the eventsuche Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes eventsuche\'s policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the eventsuche Services and eventsuche\'s Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the eventsuche Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Eventsuche may modify this Agreement from time to time and such modification shall be effective upon posting by Eventsuche on the specific Website. You agree to be bound to any changes to this Agreement when you use the Services at least one month after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. The new or changed parts of the site are in green font for 2 months in order to make the changes visible at first glance. If you don\'t agree with the changes of the general terms and conditions you have the right to end your membership with Eventsuche. Eventsuche makes no commitment to update the information found at this Internetsite.
Furthermore, Eventsuche has the right to stop all or part of the platforms services at any time even without indicating reasons.
Please choose carefully the information you post on Eventsuche and that you provide to other Users.
You are not allowed to use any content listed in number 9 (not exhaustively). For content of this kind, Eventsuche does not assume responsibility or liability.
If you become aware of misuse of the Eventsuche Services by any person, please contact us.
The information on the page My profile can be viewed by any other users. The user gives his agreement for this. It\'s up to the user to decide what kind of information he enters onto the page My profile.
Eventsuche reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Eventsuche Services at any time, for any or no reason, with or without prior notice, and without liability, especially in the cases listed in number 9 of these general terms and conditions. In these cases, too, the liability complies with number 13 of these general terms and conditions.
This General Terms and Conditions (Agreement) sets forth the legally binding terms for your use of these Services. By using the eventsuche Services, you agree to be bound by this Agreement, whether you are a Visitor (which means that you simply browse the Website) or you are a Member\" (which means that you have registered with eventsuche). The term User refers to a Visitor or a Member. You are only authorized to use the eventsuche Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the its Services immediately. If you wish to become a Member, and make use of the eventsuche Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes eventsuche\'s policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the eventsuche Services and eventsuche\'s Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the eventsuche Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Eventsuche may modify this Agreement from time to time and such modification shall be effective upon posting by Eventsuche on the specific Website. You agree to be bound to any changes to this Agreement when you use the Services at least one month after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. The new or changed parts of the site are in green font for 2 months in order to make the changes visible at first glance. If you don\'t agree with the changes of the general terms and conditions you have the right to end your membership with Eventsuche. Eventsuche makes no commitment to update the information found at this Internetsite.
Furthermore, Eventsuche has the right to stop all or part of the platforms services at any time even without indicating reasons.
Please choose carefully the information you post on Eventsuche and that you provide to other Users.
You are not allowed to use any content listed in number 9 (not exhaustively). For content of this kind, Eventsuche does not assume responsibility or liability.
If you become aware of misuse of the Eventsuche Services by any person, please contact us.
The information on the page My profile can be viewed by any other users. The user gives his agreement for this. It\'s up to the user to decide what kind of information he enters onto the page My profile.
Eventsuche reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Eventsuche Services at any time, for any or no reason, with or without prior notice, and without liability, especially in the cases listed in number 9 of these general terms and conditions. In these cases, too, the liability complies with number 13 of these general terms and conditions.
2. AUTORISATION:
Use of and Membership in the Eventsuche Services is void where prohibited. By using the Eventsuche Services, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 14 years of age or older; and (iv) your use of the Eventsuche Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age. A user can only register once as a member and by registering, he guarantees not being a member yet.
3. DUREE ET RENON:
a) This Agreement shall remain in full force and effect while you use the Eventsuche Services or are a Member.
b) You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Eventsuche may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
b) You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Eventsuche may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
4. TAXES:
The use of the Eventsuche Services is free. You acknowledge that Eventsuche reserves the right to charge for the Eventsuche Services and to change its fees from time to time in its discretion.
Eventsuche reserves the right to offer certain services at a given time against payment. The operator moreover reserves the right to show appropriate advertisement in the future.
Eventsuche will inform users by email, if a service will be offered against payment in the future or if an already existing fee will be increased. You then have to decide whether you still want to make use of the services. Should you still be using the services at least one month after our information, this counts as an approval of the increase of fees we had announced.
If Eventsuche terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Eventsuche reserves the right to offer certain services at a given time against payment. The operator moreover reserves the right to show appropriate advertisement in the future.
Eventsuche will inform users by email, if a service will be offered against payment in the future or if an already existing fee will be increased. You then have to decide whether you still want to make use of the services. Should you still be using the services at least one month after our information, this counts as an approval of the increase of fees we had announced.
If Eventsuche terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
5. MOT DE PASSE:
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Eventsuche immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
7. PROPRIETARY RIGHTS IN CONTENT ON EVENTSUCHE:
a) The Eventsuche Services contain Content of Users and other Eventsuche licensors.
b) The Eventsuche Services contain Content of Eventsuche (Eventsuche Content). Eventsuche Content is protected by copyright, trademark, patent, trade secret and other laws, and Eventsuche owns and retains all rights in the Eventsuche Content and the Eventsuche Services.
c) Eventsuche does not claim any ownership rights in the text, files, images, photos, musical works, works of authorship, or any other materials (collectively, Content) that you post to the Eventsuche Services. After posting your Content to the Eventsuche Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (posting) any Content on or through the Eventsuche Services, you hereby grant to Eventsuche a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Eventsuche Services.
Without this license, Eventsuche would be unable to provide the Eventsuche Services. The license you grant to Eventsuche is non-exclusive (meaning you are free to license your Content to anyone else in addition to Eventsuche ), fully-paid and royalty-free (meaning that Eventsuche is not required to pay you for the use on the Eventsuche Services of the Content that you post), sublicensable (so that Eventsuche is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Eventsuche Services), and worldwide (because the Internet and the Eventsuche Services are global in reach). This license will terminate at the time you remove your Content from the Eventsuche Services. The license does not grant Eventsuche the right to sell your Content, nor does the license grant Eventsuche the right to distribute your Content outside of the Eventsuche Services.
d) You represent and warrant that: (i) you own the Content posted by you on or through the Eventsuche Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Eventsuche Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Eventsuche Services.
e) Except for Content posted by you, you may not copy, modify, translate, publish, promote, broadcast, transmit, distribute, rent, perform, display, or sell any Content appearing on or through the Eventsuche Services. It is forbidden to create derivative works based on Eventsuche or any of the Materials contained therein. It is also forbidden to remove any copyright or other proprietary notices from the SITE or any of the materials contained therein.
It is the policy of Eventsuche to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Eventsuche by the copyright owner or the copyright owner\'s legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Eventsuche Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Eventsuche Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner\'s behalf. Eventsuche \'s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Jonas Zeier, Baselweg 7, CH-4147 Aesch; email: info[@]eventsuche. ch.
b) The Eventsuche Services contain Content of Eventsuche (Eventsuche Content). Eventsuche Content is protected by copyright, trademark, patent, trade secret and other laws, and Eventsuche owns and retains all rights in the Eventsuche Content and the Eventsuche Services.
c) Eventsuche does not claim any ownership rights in the text, files, images, photos, musical works, works of authorship, or any other materials (collectively, Content) that you post to the Eventsuche Services. After posting your Content to the Eventsuche Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (posting) any Content on or through the Eventsuche Services, you hereby grant to Eventsuche a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Eventsuche Services.
Without this license, Eventsuche would be unable to provide the Eventsuche Services. The license you grant to Eventsuche is non-exclusive (meaning you are free to license your Content to anyone else in addition to Eventsuche ), fully-paid and royalty-free (meaning that Eventsuche is not required to pay you for the use on the Eventsuche Services of the Content that you post), sublicensable (so that Eventsuche is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Eventsuche Services), and worldwide (because the Internet and the Eventsuche Services are global in reach). This license will terminate at the time you remove your Content from the Eventsuche Services. The license does not grant Eventsuche the right to sell your Content, nor does the license grant Eventsuche the right to distribute your Content outside of the Eventsuche Services.
d) You represent and warrant that: (i) you own the Content posted by you on or through the Eventsuche Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Eventsuche Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Eventsuche Services.
e) Except for Content posted by you, you may not copy, modify, translate, publish, promote, broadcast, transmit, distribute, rent, perform, display, or sell any Content appearing on or through the Eventsuche Services. It is forbidden to create derivative works based on Eventsuche or any of the Materials contained therein. It is also forbidden to remove any copyright or other proprietary notices from the SITE or any of the materials contained therein.
It is the policy of Eventsuche to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Eventsuche by the copyright owner or the copyright owner\'s legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Eventsuche Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Eventsuche Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner\'s behalf. Eventsuche \'s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Jonas Zeier, Baselweg 7, CH-4147 Aesch; email: info[@]eventsuche. ch.
8. CONTENUE PUBLIE:
a) Eventsuche may delete any Content that in the sole judgment of Eventsuche violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Eventsuche assumes no responsibility for monitoring the Eventsuche Services for inappropriate Content or conduct. Above all it is forbidden to write an url or domain in any free input field such as text fields an so on. This service is chargable. If at any time Eventsuche chooses, in its sole discretion, to monitor the Eventsuche Services, Eventsuche nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
b) You are solely responsible for the Content that you post on or through any of the Eventsuche Services, and any material or information that you transmit to other Members and for your interactions with other Users. Eventsuche does not endorse and has no control over the Content. Content is not necessarily reviewed by Eventsuche prior to posting and does not necessarily reflect the opinions or policies of Eventsuche . Eventsuche makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
b) You are solely responsible for the Content that you post on or through any of the Eventsuche Services, and any material or information that you transmit to other Members and for your interactions with other Users. Eventsuche does not endorse and has no control over the Content. Content is not necessarily reviewed by Eventsuche prior to posting and does not necessarily reflect the opinions or policies of Eventsuche . Eventsuche makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
9. CONTENT/ACTIVITY PROHIBITED:
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Eventsuche Services. Eventsuche reserves the right to investigate and take appropriate legal action against anyone who, in Eventsuche \'s sole discretion, violates this provision, including without limitation, removing the offending communication from the Eventsuche Services and terminating the Membership of such violators. In case an account has been deleted, no matter which point of time, the deleted user has no rights to get back the deleted content. Eventsuche is still saving some of the private information (i.e. email) to maintain the quality of the platform.
In order to maintain a high level of security and integrity, Eventsuche reserves the right to conduct a security check at any time to validate your identity, age and Registration Data. To facilitate our security checks you shall provide such information or documentation as requested by Eventsuche . Failure to provide satisfactory response to Eventsuche within the timeframe specified by the Eventsuche , will be considered a material breach of these General Terms and Conditions.
Prohibited Content includes, but is not limited to Content that, in the sole discretion of Eventsuche :
1) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
2) promotes an illegal or unauthorized copy of another person\'s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
3) involves the transmission of junk mail, chain letters, or unsolicited mass mailing, instant messaging, spimming, or spamming.
4) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone\'s privacy, or providing or creating computer viruses;
6) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
The following is a partial list of the kind of activity that is illegal or prohibited on the Eventsuche Website and through your use of the Eventsuche Services. Eventsuche reserves the right to investigate and take appropriate legal action against anyone who, in Eventsuche \'s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
7) electronical offences no matter of what kind. Each of these will lead to the immediate exclusion of the user and will be prosecuted.
Without naming all, here you can find some types of electronic offences:
- Hacking; that means. Trials to vanquish, to go round the security barriers of Eventsuche .
- Assignment of Software or other computer programs to automatically readout data i.e. Crawler (alias Spider or robots, brief: Bot)
- Deliberate Use/application or spread of virus, worms, trojans.
- Application of links, programs/software or other methods that may or should harm the platform itself /the database / the network of Eventsuche or individual users
In any case of a culpably violation of that prohibition, the user is obliged to pay a penalty fixed according to our own discretion and in case of clash to the amount of at least 10000.- CHF (in words: ten thousand Swiss francs) to Eventsuche at the very first request.
Furthermore the user is obliged to hand in a declaration of forbearance in case of a violation against the mentioned prohibiton. He has to do so immediately after requestion of the operator and the declaration has to to list the following obligations:
- Refrain from continuing or doing another electronical offence with immediate effect.
- Refrain from giving away the extracted data to a third party with immediate effect.
- The operator has to be informed immediately and in written form, which third party (names, address, full contact details) may have noticed some of the extracted data material when and in which form soever.
- To delete completely and unrecoverable all of the digital data material extracted during the electronical offence from all data storage mediums as well as possible analog data material (i.e. documentations, notes, prints).
- To send a signed legally binding affirmation of the successful deletion and annihilation to the operator.
- To keep absolute secrecy over all kind of the extracted data material, the declaration of forbearance as well as over all other internal affairs of Eventsuche known by the offender in particular on discussion forums in the web, blogs or press - , unless the disclosure of certain information is needed in order to fulfil the regulations governed by public law and/or ensuring titles towards a court.
8) advertising to, or solicitation of, any Member to buy or sell any products or services through the Eventsuche Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Eventsuche Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Eventsuche reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Eventsuche deems appropriate in its sole discretion.
9) any automated use of the system, such as using scripts to add friends or send comments or messages;
10) interfering with, disrupting, or creating an undue burden on the Eventsuche Services or the networks or services connected to the Eventsuche Services;
11) attempting to impersonate another Member or person;
12) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
13) selling or otherwise transferring your profile;
14) the re-registration after your profile has been deleted;
15) using any information obtained from the Eventsuche Services in order to harass, abuse, or harm another person;
16) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Eventsuche Services on behalf of that person, such as placing commercial content on your profile, posting bulletins with a commercial purpose, or sending private messages with a commercial purpose,
17) using the Eventsuche Services in a manner inconsistent with any and all applicable laws and regulations.
18) Take any action that imposes an unreasonable or disproportionately large load on the platform or its network infrastructure.
19) Assist or aid any third party in doing any of the foregoing.
Does a user violate one or more of these regulations he is obliged to pay a penalty to the amount of 500.- CHF to Eventsuche .
In order to maintain a high level of security and integrity, Eventsuche reserves the right to conduct a security check at any time to validate your identity, age and Registration Data. To facilitate our security checks you shall provide such information or documentation as requested by Eventsuche . Failure to provide satisfactory response to Eventsuche within the timeframe specified by the Eventsuche , will be considered a material breach of these General Terms and Conditions.
Prohibited Content includes, but is not limited to Content that, in the sole discretion of Eventsuche :
1) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
2) promotes an illegal or unauthorized copy of another person\'s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
3) involves the transmission of junk mail, chain letters, or unsolicited mass mailing, instant messaging, spimming, or spamming.
4) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone\'s privacy, or providing or creating computer viruses;
6) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
The following is a partial list of the kind of activity that is illegal or prohibited on the Eventsuche Website and through your use of the Eventsuche Services. Eventsuche reserves the right to investigate and take appropriate legal action against anyone who, in Eventsuche \'s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
7) electronical offences no matter of what kind. Each of these will lead to the immediate exclusion of the user and will be prosecuted.
Without naming all, here you can find some types of electronic offences:
- Hacking; that means. Trials to vanquish, to go round the security barriers of Eventsuche .
- Assignment of Software or other computer programs to automatically readout data i.e. Crawler (alias Spider or robots, brief: Bot)
- Deliberate Use/application or spread of virus, worms, trojans.
- Application of links, programs/software or other methods that may or should harm the platform itself /the database / the network of Eventsuche or individual users
In any case of a culpably violation of that prohibition, the user is obliged to pay a penalty fixed according to our own discretion and in case of clash to the amount of at least 10000.- CHF (in words: ten thousand Swiss francs) to Eventsuche at the very first request.
Furthermore the user is obliged to hand in a declaration of forbearance in case of a violation against the mentioned prohibiton. He has to do so immediately after requestion of the operator and the declaration has to to list the following obligations:
- Refrain from continuing or doing another electronical offence with immediate effect.
- Refrain from giving away the extracted data to a third party with immediate effect.
- The operator has to be informed immediately and in written form, which third party (names, address, full contact details) may have noticed some of the extracted data material when and in which form soever.
- To delete completely and unrecoverable all of the digital data material extracted during the electronical offence from all data storage mediums as well as possible analog data material (i.e. documentations, notes, prints).
- To send a signed legally binding affirmation of the successful deletion and annihilation to the operator.
- To keep absolute secrecy over all kind of the extracted data material, the declaration of forbearance as well as over all other internal affairs of Eventsuche known by the offender in particular on discussion forums in the web, blogs or press - , unless the disclosure of certain information is needed in order to fulfil the regulations governed by public law and/or ensuring titles towards a court.
8) advertising to, or solicitation of, any Member to buy or sell any products or services through the Eventsuche Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Eventsuche Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Eventsuche reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Eventsuche deems appropriate in its sole discretion.
9) any automated use of the system, such as using scripts to add friends or send comments or messages;
10) interfering with, disrupting, or creating an undue burden on the Eventsuche Services or the networks or services connected to the Eventsuche Services;
11) attempting to impersonate another Member or person;
12) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
13) selling or otherwise transferring your profile;
14) the re-registration after your profile has been deleted;
15) using any information obtained from the Eventsuche Services in order to harass, abuse, or harm another person;
16) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Eventsuche Services on behalf of that person, such as placing commercial content on your profile, posting bulletins with a commercial purpose, or sending private messages with a commercial purpose,
17) using the Eventsuche Services in a manner inconsistent with any and all applicable laws and regulations.
18) Take any action that imposes an unreasonable or disproportionately large load on the platform or its network infrastructure.
19) Assist or aid any third party in doing any of the foregoing.
Does a user violate one or more of these regulations he is obliged to pay a penalty to the amount of 500.- CHF to Eventsuche .
11: SPHERE PRIVEE
The use of the Eventsuche services is subject to our privacy policy that are integrated in that contract for reference purposes.
Under the following link you can find the privacy policy. It informes you about the reason why some data from the users is required, which information is additionally and what Eventsuche is doing according to the legal requirements in order to guarantee the safety and security of all user-based information.
Furthermore the privacy policy informes you in detail about technical questions concerning the privacy (Cookies, Logfiles, Firewalls). You can find further information in the privacy policy.
The operator reserves the right to run software in the Eventsuche databases to be able to draw conclusions out of the user behaviour. This software is only for improving the security of the communication on the platform. Other purposes mainly commercial use will not happen.
You authorize Eventsuche to use all private information saved in our systems to use commercially. Eventsuche is allowed to use your data for any purposes as long as it does not violate the Swiss privacy law. A third party will only get access to our data if it posseses more than 50% of the Eventsuche shares.
Under the following link you can find the privacy policy. It informes you about the reason why some data from the users is required, which information is additionally and what Eventsuche is doing according to the legal requirements in order to guarantee the safety and security of all user-based information.
Furthermore the privacy policy informes you in detail about technical questions concerning the privacy (Cookies, Logfiles, Firewalls). You can find further information in the privacy policy.
The operator reserves the right to run software in the Eventsuche databases to be able to draw conclusions out of the user behaviour. This software is only for improving the security of the communication on the platform. Other purposes mainly commercial use will not happen.
You authorize Eventsuche to use all private information saved in our systems to use commercially. Eventsuche is allowed to use your data for any purposes as long as it does not violate the Swiss privacy law. A third party will only get access to our data if it posseses more than 50% of the Eventsuche shares.
12. DISCLAIMERS:
a) As long as legally allowed the liability of Eventsuche against its users is explicitly excluded.
b) Eventsuche is not responsible for any incorrect or inaccurate Content posted on the Eventsuche Website or in connection with the Eventsuche Services, whether caused by Users of the Eventsuche Services or by any of the equipment or programming associated with or utilized in the Eventsuche Services. Profiles created and posted by Members on the Eventsuche Website may contain links to other websites. Eventsuche is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Eventsuche. Inclusion of any linked website on the Eventsuche Services does not imply approval or endorsement of the linked website by Eventsuche. When you access these third-party sites, you do so at your own risk. Eventsuche takes no responsibility for third party advertisements which are posted on this Eventsuche Website or through the Eventsuche Services, nor does it take any responsibility for the goods or services provided by its advertisers. Eventsuche is not responsible for the conduct, whether online or offline, of any User of the Eventsuche Services.You hereby agree to hold the Eventsuche harmless from any and all damages and liability that may result from the use of links that may appear on Eventsuche. Eventsuche reserves the right to terminate any link or linking program at anytime.
c) Eventsuche assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Eventsuche is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Eventsuche Services or combination thereof, including any injury or damage to Users or to any person\'s computer related to or resulting from participation or downloading materials in connection with the Eventsuche Services.
d) The operator is not responsible for unauthorised acknowledgement of user data material through a third party (i.e. through an unauthorised access to our database). The operator is not responsible for details and information that users themselves have made available to a third party and is now getting abused. Ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of Eventsuche, even if you use the auto login feature, up and until you notify Eventsuche\'s Customer support by telephone regarding that unauthorized use and confirms the notification from your registered email address. You indemnify Eventsuche against all activities conducted through your account.
b) Eventsuche is not responsible for any incorrect or inaccurate Content posted on the Eventsuche Website or in connection with the Eventsuche Services, whether caused by Users of the Eventsuche Services or by any of the equipment or programming associated with or utilized in the Eventsuche Services. Profiles created and posted by Members on the Eventsuche Website may contain links to other websites. Eventsuche is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Eventsuche. Inclusion of any linked website on the Eventsuche Services does not imply approval or endorsement of the linked website by Eventsuche. When you access these third-party sites, you do so at your own risk. Eventsuche takes no responsibility for third party advertisements which are posted on this Eventsuche Website or through the Eventsuche Services, nor does it take any responsibility for the goods or services provided by its advertisers. Eventsuche is not responsible for the conduct, whether online or offline, of any User of the Eventsuche Services.You hereby agree to hold the Eventsuche harmless from any and all damages and liability that may result from the use of links that may appear on Eventsuche. Eventsuche reserves the right to terminate any link or linking program at anytime.
c) Eventsuche assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Eventsuche is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Eventsuche Services or combination thereof, including any injury or damage to Users or to any person\'s computer related to or resulting from participation or downloading materials in connection with the Eventsuche Services.
d) The operator is not responsible for unauthorised acknowledgement of user data material through a third party (i.e. through an unauthorised access to our database). The operator is not responsible for details and information that users themselves have made available to a third party and is now getting abused. Ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of Eventsuche, even if you use the auto login feature, up and until you notify Eventsuche\'s Customer support by telephone regarding that unauthorized use and confirms the notification from your registered email address. You indemnify Eventsuche against all activities conducted through your account.
13. LIMITATION ON LIABILITY:
The Eventsuche Services are offered as available and without guaranteeing that they are free of defects. Eventsuche is not guaranteeing either that the services are available at any time and without interruption, secure and without failures.
Eventsuche refuses guaranteeing the appropriability for a specific purpose. Nor does Eventsuche make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of Eventsuche or any of the materials contained therein. Furthermore Eventsuche refuses guaranteeing or promising any kind of outcomes resulting out of the Eventsuche services. You understand and expressly agree that use of Eventsuche or any of the materials and/or data downloaded or otherwise obtained through the use of Eventsuche or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You understand that Eventsuche cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Eventsuche does not assume any responsibility or risk for your use of the Internet.
Eventsuche refuses guaranteeing the appropriability for a specific purpose. Nor does Eventsuche make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of Eventsuche or any of the materials contained therein. Furthermore Eventsuche refuses guaranteeing or promising any kind of outcomes resulting out of the Eventsuche services. You understand and expressly agree that use of Eventsuche or any of the materials and/or data downloaded or otherwise obtained through the use of Eventsuche or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You understand that Eventsuche cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Eventsuche does not assume any responsibility or risk for your use of the Internet.
14. Querelle:
These Terms of Service (including the policies, guidelines and rules referred to herein) and the relationship between you and Eventsuche shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Switzerland for settlement of any dispute, controversy or claim arising out of or in connection with these Terms of Service or the relationship between you and the Eventsuche. Court of jurisdiction is in any case Arlesheim, Department of Baselland, Switzerland.
15. DIVERS:
This Agreement is accepted upon your use of the Eventsuche Website or any of the Eventsuche Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Eventsuche regarding the use of the Eventsuche Services. The failure of Eventsuche to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Eventsuche is a trademark of Jonas Zeier. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If one of the above provisions is ineffective, then this does not affect validity of the other provisions. The ineffective clause shall then be replaced in mutual agreement by a clause, the economic intention of which is as close as possible to the ineffective clause. The same shall apply to lacunae. In case of a legal dispute only the German version of the contract will be valid.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.



