The "wunschalbum" service will hereinafter be referred to as the “service”. The service is for personal use only. wunschalbum.ch reserves the right to interrupt the service at any time, with no need to provide justification. wunschalbum.ch may also prevent individual clients from accessing the service at any time, without providing justification for its decision, which is entirely at its own discretion.
Guarantee When reasonably possible, wunschalbum.ch attempts to provide its clients with impeccable service. But in view of the fact that the Internet belongs to everyone, and therefore cannot be controlled by anyone, wunschalbum.ch cannot guarantee that clients will have access to the service anywhere and any time.
Disclaimer The client explicitly declares that he or she uses the service at his or her own risk. Neither wunschalbum.ch nor its commercial partners, agents, providers or any other third party may guarantee that the service will be uninterrupted and error-free at all times. This having been stated and understood, the client explicitly renounces all claims for compensation resulting directly or indirectly from use of the service, particularly damage attributable to users’ errors, omissions, interruptions, loss of data, incorrect databases, hardware or software, delays in data transmission, illicit interception, abusive data retrieval, theft or Acts of God. The client explicitly accepts that this exclusion of responsibility applies to all aspects of the service. The client agrees to protect wunschalbum.ch from all claims raised by third parties pertaining to use of the service, and in particular use of products and services which the client offers via Internet, violation of third parties’ personal rights, copyright infringements, and violation of all other provisions of the law.
Technical facilities It is up to the client to obtain the necessary technical facilities, that is, a computer and telecommunications tools, and the software and services required for connection to wunschalbum.ch’s service. wunschalbum.ch cannot guarantee that the client’s technical facilities and services will be compatible with its service.
Responsibility for content The client shall not publish any erotic content; the client shall be exclusively liable for the content he or she publishes. Specifically, the client shall be liable for any content which may be in conflict with existing provisions of the law. wunschalbum.ch does not check content before it goes online. wunschalbum.ch may, however, reject content which is found to be in conflict with the above requirements and remove it from the Internet. In such cases, wunschalbum.ch shall grant the client a term by which to make the content conform to the directives. If it is not adjusted by this deadline, the contract shall be considered cancelled. In all cases, wunschalbum.ch shall not be held liable for any of the consequences of illicit use of its service. If illicit use of the service by the client results in damage to wunschalbum.ch, the defaulting client shall be asked to pay compensation for the damage.
Legal restrictions The client may only use the service for purposes compatible with Swiss law and international law. Legal restrictions expressly forbid publication of copyrighted material, of material which is considered to harm personal rights, to be obscene or racist, or which discloses business secrets; this list is provided merely by way of example and is not to be considered exhaustive. The prohibition extends to all links on web pages containing prohibited material.
Reasonable use of the service The client is required to ensure that the passwords used to access components of the server reserved for him/her are not disclosed to other people who are not authorised to use the service.
Additional laws All matters not otherwise regulated herein shall be subject to the provisions of Swiss law.
Jurisdiction The court of Winterthur, Switzerland shall have jurisdiction over this agreement.
11/01/2006 Wunschalbum GmbH, Riethof, CH - 8353 Elgg |