Terms of use

1. TERMS OF USE AND ACCEPTANCE

1.1 These Terms of Use (Terms of Use) set out the terms and conditions of your use of Screening Eagle Technologies AG as well as any its affiliates (hereinafter “we” “us” or “our”) websites, including without limitation all pages, applications and materials within the websites, and services (collectively the Website).

1.2 By using our Website, you confirm that you have reviewed, understand and agree to be bound by all the terms and conditions set forth in these Terms of Use. If you do not agree or have any objection to these Terms of Use, you must not use the Website.

1.3 Our Website is not for use by any minors (defined as those who are not at least (18 years of age), and you must not use this Website if you are a minor.

1.4 We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, we grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

2. LINKS TO THIRD-PARTY WEBSITES

2.1 Our Website may contain third-party content or links to third-party websites of interest for convenience only. We do not have any control over, nor do we endorse other websites or any third-party content. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites and such websites are not governed by these Terms of Use. You should exercise caution and look at the privacy statement applicable to the websites in question. Thus, we do not endorse or make any representations about them, or any information or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites listed on our Website, you do so at your own risk.

2.2 If certain links are activated on the Website, the user may under certain circumstances leave the Website. We assume no responsibility for the contents, products or services offered or other information or offers contained on these linked websites.

3. DISCLAIMER OF LIABILITY

3.1 In no event shall we, nor any of our officers, directors and employees, be liable towards you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise. Furthermore, neither we nor any of our officers, directors and employees shall be liable for any direct, indirect, consequential or special liability arising out of or in any way related to your use of this Website. We shall not be liable or otherwise responsible for any damage, errors or omissions which may arise as a result of any inaccuracy or incompleteness in the information contained on this Website, or for the results obtained from the use of this information or the Website. Moreover, we do not assume any responsibility for your use of external sites or content linked to this Website or which are linked to from it or referred to.

3.2 We shall not be liable for any direct, indirect or consequential losses or damages resulting from or in connection with access to, use of or queries to the Websites or its links with other websites, even if we have previously been informed of the possibility of such losses.

3.3 We shall not be liable for losses caused by transmission errors, technical faults and interruptions, breakdowns or unlawful interference with the user’s usage of the Website nor the generally accessible systems and transmission networks. Nor shall we be liable for losses resulting from breakdowns, interruptions or overloads occurring to our Website.

3.4 We shall take all reasonable steps to exclude viruses from the Website but we cannot guarantee such exclusion and we shall not be liable for any damages to your device, any loss or corruption of material or data of any material in transit or any loss or corruption of any material or data when downloaded on to your device system or any other property, by reason of your use of, access to, or downloading of any material from, the Website howsoever otherwise. You should obtain all appropriate safeguards against viruses before accessing the Website, its contents and the underlying software and/or related software.

3.5 We are not responsible for any messages that are published by other users on this Website, including the discussion board. We do not assume any liability for the information that is displayed on the discussion board, regardless of whether this information is provided by us or other users of this Website. The information that is displayed on the discussion board should not be relied upon for decision making purposes.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 The information, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork documents, materials, content and any other original works of authorship available or contained on the Website, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All rights remain reserved to the respective rights’ owner. Nothing in these Terms of Use should be construed as conferring or granting you, by implication, estoppel or otherwise, a license relating to our Intellectual Property Rights. It is therefore not allowed to copy, publish or otherwise use any of the information provided on the Website without our prior written permission. If you wish to publish content from our Website, please contact us using our contact us form https://screeningeagle.com/contact/.

4.2 If nothing else is indicated, all published company or brand names are our registered trademarks or otherwise protected Intellectual Property Rights.

5. RESTRICTIONS

5.1 You are expressly and emphatically restricted from all of the following:
(a) publishing any Website material in any media without our prior permission;
(b) selling, sublicensing and/or otherwise commercializing any Website material;
(c) publicly performing and/or showing any Website material;
(d) using this Website in any way that is, or may be, damaging to this Website or to us;
(e) using this Website in any way that impacts user access to this Website;
(f) using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
(g) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
(h) using this Website to engage in any advertising or marketing.

5.2 Except as expressly provided in these Terms of Use, no part of the Website and no content thereof may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

5.3 Certain areas of this Website are restricted from access by you and we may further restrict access by you to any areas of this Website, at any time, in our sole and absolute discretion.

5.4 Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

6. DISCLAIMER AND NO WARRANTIES

6.1 The Website and all information and content contained thereon are provided and delivered on a “as is” and “as available” with all faults and for informational purposes only and shall not constitute professional advice. We do not guarantee that the Website or any content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. We make no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Nothing contained on this Website shall be construed as providing consult or advice to you.

6.2 We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose, and any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website and/or our services. You assume total responsibility for your use of the Website and any linked sites. Your sole remedy against us for dissatisfaction with the Website or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

6.3 The disclaimer provide herein applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

6.4 You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While we have endeavored to create a secure and reliable Website, we are not responsible for the security of any information outside of its control. We shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume sole and complete risk of using our Website.

6.5 By using our Website, you acknowledge and declare that you are aware that as a result of the global nature of the Internet and World Wide Web, the Website may be available online and may generally be accessible from anywhere in the world at any time. Access to the Website may not be legal by certain persons or in certain jurisdictions. Access to and use of the Website at your own risk and you shall be responsible for compliance with the laws of your jurisdiction and any jurisdiction in respect of which you use the Website. You agree to comply with all local rules regarding online conduct and acceptable content in any generated content.

6.6 We hereby reserve the right to at any time and without notice: (i) modify, suspend or terminate operation of or access to the Website, or any portion thereof, for any reason; (ii) to modify or change the Website, or any portion thereof, and any applicable policies or terms; and (iii) to interrupt the operation of the Website, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

7. DATA PRIVACY POLICY

Our Data Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. To view our Data Privacy Policy, click here https://screeningeagle.com/data-privacy-policy/. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

8. YOUR CONTENT

8.1 You hereby acknowledge and understand that our Website is accessible to the public and that any information and personal data that you publish on our Websites or social media channels may be available, via the Internet, around the world. We cannot prevent the use or misuse of such information and personal data by others and hereby disclaim any responsibility thereon.

8.2 You hereby grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute all content (including images, audio material and video material), postings, messages, names, logos and trademarks that you publish on our Website or our social media channels in our sole and absolute discretion, including marketing and advertising purposes.

8.3 You are expressly and emphatically prohibited from publishing any content on the Website and the discussion board that is illegal or unlawful, or that is capable of giving rise to legal action against any person in any jurisdiction and under any applicable law. All statements of fact that are published on the discussion board must be true, and all statements of opinion must be reasonable and be honestly held by you.

8.4 The content published by you on the Website or the discussion board must not be (i) libelous, defamatory, obscene, indecent, misleading or maliciously false; (ii) infringe any copyright, trademark or other intellectual property rights, rights of publicity, rights of privacy or rights under any applicable data protection legislation; (iii) constitute negligent advice or contain any negligent statement; (iv) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; (v) constitute a breach of racial or religious hatred or discrimination legislation; or (vi) constitute a breach of any contractual obligation owed to any person.

8.5 You must not use the Website or the discussion board to publish any content that is intended to insult or deliberately upset others. The content published by you on the discussion board must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior. The content must further not constitute or contain spam, which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.

8.6 You hereby acknowledge and understand that we may actively monitor your use of the discussion board and that we reserve the right to remove any of your content from the Website at any time, and for any reason, without notice. We further have the right to blacklist any of your IP addresses to prevent and enforce the prohibition of any future use of the Website and the discussion board.

9. INDEMNIFICATION

You hereby agree to indemnify us to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms of Use.

10. CHANGES TO THESE TERMS OF USE

These Terms of Use may be subject to changes at any time without notice and access to and use of the Website may be restricted or terminated at any time. You are therefore advised to review our Terms of Use each time you access the Website.

11. GOVERNING LAW AND PLACE OF JURISDICTION

11.1 Access to and use of the Websites as well as these Terms of Use are governed by Swiss law, excluding any conflict of law rules. Swiss courts in Zurich shall be the exclusive place of jurisdiction for any dispute arising in connection with the Websites.

11.2 Further access to the Websites might also be subject to the laws applicable in the relevant jurisdiction from which the same is being accessed.

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