TERMS & COOKIES

Last updated: 24 November, 2024

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TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) constitute a binding agreement between you (“you,” “your,” and “User”) and {domain} (“we,” “us,” or “our”) and govern your use of this website (“Website”) as well as any related products and services (“Service” or “Services”).

Please read the Terms and Conditions carefully before using the Services. By accessing or using this Website, you acknowledge that you have read, understood, and agreed to these Terms, as well as the Privacy Policy, Cookie Policy, and any other applicable terms outlined by us on the Website.

ELIGIBILITY AND ACCESS REQUIREMENTS

This Website is intended solely for individuals who are 18 years of age or older. By accessing, viewing, or using the Website or any of our Services, you represent, warrant, and covenant that you meet the following requirements:

If you do not meet these requirements or do not agree to these Terms, you must not accept them, access the Website, or use any of the Services. Please leave this page immediately if you do not satisfy these conditions. We reserve the right to request proof of age at any time. If you fail to provide the requested proof, your access to the Website may be suspended or terminated. If it is discovered that you have provided false information about your age, we reserve the right to immediately suspend or terminate your access to the Website and take further legal action if we deem it necessary.

USER RESPONSIBILITIES

Certain products or services offered on or through our Website may require you to provide specific information, including but not limited to your gender, sexual orientation, age, email address, and password, to access the Services. You warrant that the information provided is accurate and true. You are solely responsible for ensuring the confidentiality and security of this information and for any and all activity that occurs as a result of failing to safeguard it. You are also responsible for managing access to any devices or endpoints where this information is stored. We may collaborate with partners and service providers to ensure the delivery of services tailored to your needs, which may involve sharing certain information you provide. By providing your email address, you agree to receive notifications. You can withdraw your consent at any time by following the unsubscribe instructions included in emails or by updating your notification settings.

If you become aware of any unauthorized use of your email address, password, or other provided information, please notify us immediately. To protect your privacy, we recommend clearing any saved credentials and logging out of the Website after each session when using a public or shared device.

You may not use or access the Website or Services with anyone else’s credentials or information without the explicit permission of the individual to whom the information belongs. We disclaim any liability for loss or damage arising from your failure to comply with these obligations. You warrant that your use of the Website and Services does not violate any applicable laws or regulations.

This Website and its content are provided exclusively for personal, non-commercial use. Except where explicitly authorized, you are strictly prohibited from reproducing, copying, publishing, transmitting, distributing, displaying, modifying, creating derivative works from, selling, or otherwise exploiting any part of the content, the Website, or any associated software, whether in whole or in part. Any unauthorized use of the Website or its content, including reproduction, modification, distribution, or public display, is strictly prohibited and may result in legal consequences.

You are solely responsible for all information, including without limitation, data or other materials, that you submit, transmit, display or otherwise communicate to us through the Services. If you submit your information to the Website, you grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to use such information in any way. The rights you grant us are for the limited purpose of providing, offering and improving our Services.

You are responsible for ensuring that information posted on this Website does not infringe any copyright, trade secret or other intellectual property rights of another person or entity. We do not control, assume responsibility, or assume liability for any information provided by you or any third party, or for any loss or damage thereof, and are not responsible for any errors, defamation, libel, slander, omissions, falsehoods, obscenity, or profanity that you encounter. We may, but are not obligated to, in our sole discretion review, edit, refuse to accept, or delete information at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any information you submit or store on the Services at your own expense.

PROHIBITED ACTIONS

You further represent and warrant to us the following:

We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the website, or any part of the website, with or without notice. you agree that we shall not be liable to you for any such action.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights related to this Website, its services, and associated materials, including but not limited to software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, data, images, text, graphics, illustrations, source codes, structure, sequence, organization, know-how, modifications, updates, enhancements, documentation, manuals, and derivatives of these items, as well as names, logos, trademarks (registered or unregistered), design marks, slogans, and related identifiers ("Intellectual Property"), are owned by or licensed to us or our licensors.

Unless expressly permitted under these Terms, you may not download, reproduce, distribute, copy, print, republish, display, post, transmit, modify, or use any content from the Website without prior written authorization. A limited, revocable, non-transferable, non-sublicensable, and non-exclusive right is granted to you to access and use the Website solely for personal, non-commercial purposes, in accordance with these Terms. This permission may be revoked at any time and will automatically terminate if you breach any provision of these Terms. Any use of the Website’s content or materials beyond what is explicitly permitted is strictly prohibited. We are not responsible for any copyright, trademark, trade dress, or other intellectual property infringements arising from content posted, transmitted, or advertised by third-party providers on the Website.

TERMINATION

We reserve the right, at our sole discretion, to terminate, suspend, discontinue, or restrict access to the Website, the Services, and/or these Terms, including any associated obligations, at any time and without prior notice. If your access is terminated, you will no longer be able to use the Services or any part of them. You may terminate these Terms at any time by notifying us of your intent to terminate and cease all use of the Website and its Services. Upon termination, all rights granted to you under these Terms will immediately cease.

DISCLAIMER

THIS WEBSITE, INCLUDING ALL ITS CONTENTS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND IMPERFECTIONS. YOUR USE OF THE WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY OUTCOMES, CONSEQUENCES, OR DAMAGES THAT MAY ARISE FROM SUCH USE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND ARE MADE REGARDING THE WEBSITE OR SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES BUT IS NOT LIMITED TO, ANY WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, RELIABILITY, OR THE ABSENCE OF ERRORS OR DEFECTS.
WE EXPRESSLY DISCLAIM ANY ASSURANCE THAT THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS, OPERATE UNINTERRUPTED, REMAIN SECURE, OR FUNCTION FREE OF TECHNICAL ISSUES. THE AVAILABILITY, FUNCTIONALITY, AND RELIABILITY OF THE WEBSITE AND SERVICES ARE NOT GUARANTEED, AND WE RESERVE THE RIGHT TO MODIFY, SUSPEND, OR TERMINATE ANY PART OF THE WEBSITE OR SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION. YOU ACKNOWLEDGE AND ACCEPT THAT WE MAY, AT OUR DISCRETION, SUSPEND THE SERVICES FOR EXTENDED PERIODS OR TERMINATE THEM ENTIRELY AT ANY TIME WITHOUT PROVIDING ADVANCE NOTICE. BY CONTINUING TO USE THE WEBSITE, YOU WAIVE ANY CLAIMS AGAINST US ARISING FROM SUCH INTERRUPTIONS OR TERMINATIONS.
WE ARE NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS, OR PROMISES MADE, WHETHER ORALLY OR IN WRITING, PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, UNLESS SUCH STATEMENTS ARE PROVEN TO HAVE BEEN MADE FRAUDULENTLY. FURTHERMORE, WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR DATA PRESENTED ON THE WEBSITE. ANY CONTENT, INTERPRETATION, OR DATA PROVIDED IS INTENDED SOLELY FOR INFORMATIONAL PURPOSES AND CONVENIENCE AND MAY REFLECT SUBJECTIVE OPINIONS OR VIEWPOINTS. IT IS YOUR RESPONSIBILITY TO INDEPENDENTLY VERIFY THE INFORMATION PROVIDED BEFORE RELYING ON IT.

LIMITATION OF LIABILITY

In no event shall we, our subsidiaries, affiliates, licensors, directors, employees and service providers be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, resulting from: (1) your use of, or inability to use, the Website or its Services; (2) any content or materials downloaded from the Website, including links provided on the Website; (3) any work or actions initiated by you based on the directions, content, or information provided on the Website, or resulting directly or indirectly from reliance on such information; (4) any inaccuracies, errors, or omissions in tips, advice, guides, or other information available on the Website, as well as any delays in their transmission or delivery; (5) any unauthorized access to, or alteration of, your data, even if we or an authorized representative have been advised of or should have been aware of the possibility of such damages.

If you are a California resident, you hereby waive the provisions of section 1542 of the California Civil Code, which states that a general release does not include claims that the releasing party and/or creditor is not aware of and that, if known, could have materially affected the settlement.

In some jurisdictions, it is not allowed to exclude implied warranties or to limit or exclude the liability for incidental or consequential damages, so our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless our, our affiliates, and their and our respective officers, directors, agents, and employees for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services, your violation of any provisions of these Terms or any other rules posted by us on the Website, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.

EXTERNAL LINKS

he Website may display, include, or provide access to external websites or services, content, information, data, applications, or materials from third parties. We do not have control over these external websites or sources and therefore disclaim any liability for their availability, content, advertisements, products, services, or other elements accessible through or originating from them. If you encounter a malfunctioning link, please report it to the administrator or webmaster of the relevant external website. Any interaction with third-party websites is at your own risk.

Please note that the use of third-party websites and external sources is governed by their respective terms, policies, and conditions. If your use of this Website directs you to external websites, pages, or forums that contain content or titles violating applicable laws, you must immediately cease accessing such websites or sources. Continuing to access such content will render you solely responsible for your actions, as we are not accountable for third-party violations or misuse.

Any transactions or interactions you engage in with third-party advertisements displayed on the Website, including the purchase or delivery of goods or services, are strictly between you and the third-party merchant or advertiser. We are not responsible for any issues, disputes, or damages that may arise from such transactions or interactions. Your engagement with these third-party services is at your own risk, and it is your responsibility to review and understand their terms and conditions before proceeding.

PRIVACY

We are committed to protecting your privacy and letting you know what we will do with your personal information. Therefore, our collection and use of personal information in connection with your access to and use of the Website and Services is described in our Privacy Policy and our Cookie Policy.

MODIFICATION

We retain the right to modify, refuse to post, or remove any information or materials on the Website at our sole discretion and at any time, without prior notice. Additionally, we may disclose any information we deem necessary to comply with applicable laws, regulatory requirements, or legal processes, or in response to requests from law enforcement, government entities, or regulatory authorities. We also reserve the right to change the Website’s domain at any time.

Access to all or part of the Website may be temporarily or permanently suspended for various purposes, including but not limited to operational or business needs. Such purposes may include enhancing functionality, updating content, performing maintenance, resolving technical issues, or improving the Website’s appearance.

From time to time, we may update these Terms, our Privacy Policy, Cookie Policy, or any related documentation. If you do not agree to the changes, you must immediately cease using the Website. Continued use of the Website after any changes have been posted constitutes your acceptance of the revised terms.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Switzerland, excluding its conflict-of-law principles. Any disputes or claims arising out of or relating to these Terms must first be addressed through genuine and good-faith negotiations between the parties. If the parties are unable to reach an amicable resolution, the dispute shall be settled through arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in effect at the time the Notice of Arbitration is submitted. The arbitration proceedings shall be conducted in English, and a sole arbitrator shall be appointed to resolve the dispute.

OTHER PROVISIONS

If any provision of these Terms is deemed invalid or unenforceable for any reason, such invalidity shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Services and the Website, superseding any prior agreements, understandings, or communications related to the same subject matter.

You may not assign, transfer, or delegate any of your rights, obligations, or claims under these Terms to a third party, nor may you subcontract or delegate the performance of any part of your obligations under these Terms, without our prior express written consent. We reserve the right to transfer, subcontract, or otherwise manage its rights and obligations under these Terms without prior notice or your consent.

The failure of either party to enforce any provision or exercise any right under these Terms shall not be construed as a waiver of that provision or right, nor shall it affect the validity of these Terms or the ability to enforce any provision at a later time.

CONTACT INFORMATION

In case you have any questions, complaints, or claims concerning the Website and these Terms, please email us at support@{domain}.

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COOKIE POLICY

This website, available at {domain} (“Website”), is owned and operated by us (“we,” “us,” or “our”). This Cookie Policy provides essential information about who we are and how we collect, store, and use cookies and similar tracking technologies when you (“you”, “your” or “User”) access or interact with our Website and services (“Services”).

By accessing or using the Website and Services, you agree to the terms of this Cookie Policy. If you do not agree, you must discontinue your use of the Website immediately. Compliance with all applicable laws and regulations remains solely your responsibility. Your use of our Website is also subject to other relevant policies, including but not limited to our Terms and Conditions and Privacy Policy. We strongly recommend that you review these policies to ensure full compliance with all Website requirements.

We reserve the right to update this Cookie Policy at our sole discretion. Any modifications will take effect immediately upon being posted on this page. Please review this Cookie Policy periodically to stay informed of any updates. Your continued use of the Website after any changes are posted signifies your acceptance of the revised Cookie Policy.
Capitalized terms used in this Cookie Policy that are not otherwise defined shall have the meanings assigned to them in our Terms and Conditions.

USE OF COOKIES

Cookies are small files that websites and online services use to store information on users’ devices. In addition, we may employ related technologies such as web beacons, pixels, embedded scripts, and location-identifying tools in collaboration with third-party partners and providers to collect and process data. We use cookies, pixels, and similar technologies to recognize your browser or device, tailor your experience, and provide essential features and services. These technologies also support the following purposes:

TYPES OF COOKIES WE USE

We utilize the following categories of cookies to enhance your experience and support the functionality of our Services:

1) In accordance with their duration:

2) In accordance with their provenance:

3) In accordance with their purposes:

By utilizing these different categories of cookies, we ensure the functionality, usability, and personalization of your experience on our Website.

THIRD-PARTY COOKIES

To better understand and assess how users interact with our Services and Website, we may use several web analytics tools, including third-party tools like Google Analytics. The domain name, operating system, browser type, IP address, click-activity, referring website, and/or date/time stamp for visitors are among the data that such analytical providers may gather. For more information about Google Analytics, please read its privacy policy accessible at https://policies.google.com/privacy?hl=en.

WAYS OF DISABLING COOKIES

Most browsers allow you to control cookies through their settings preferences. There are special instructions on how to do it in a relevant browser:

Firefox: https://support.mozilla.org
Explorer/Edge: https://support.microsoft.com/
Safari: https://support.apple.com/
Chrome: https://support.google.com
Opera: https://help.opera.com/

To find information relating to other browsers, visit the browser developer's website. Please, pay attention that changes you make to your cookie preferences may make using the Website less satisfying. In some cases, you may not be able to utilize all or part of the Website.

DO-NOT-TRACK

Most web browsers include a Do-Not-Track feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing Do-Not-Track signals has been finalized. As such, we do not currently respond to Do-Not-Track browser signals or any other mechanism that automatically communicates your choice not to be tracked online.

CONTACTING US

If you have any questions, concerns, or feedback about this Cookie Policy, please reach out to us at support@{domain}. We are committed to responding to your inquiries and addressing your concerns promptly and effectively.