SWISSBO Website – Terms of Use
Last updated: November 29, 2021
By visiting, using, or browsing any Website or portal (collectively, the “Website”) published by SBO Distributors Ltd., any of its affiliates or subsidiaries (collectively, “SWISSBO”, “Us” or “We”), however accessed and/or used, whether via personal computers, mobile devices, or otherwise, you accept, without limitation or qualification these Terms of Use and agree, without limitation, to the terms of our Privacy Policy. If you do not agree to these Terms of Use or to our Privacy Policy, please do not use our services or visit our Website. Acceptance of these terms constitutes a legal agreement between you and SWISSBO. These Terms of Use, along with our Privacy Policy, govern your use of www.swissbo.com and any other websites, applications, and other products and services offered by SWISSBO or its affiliates or subsidiaries that include a link to these Terms of Use.
1. CHANGES TO TERMS OF USE
We may at any time revise these Terms of Use and/or our Privacy Policy. You are bound by any such revision and should therefore review this Website periodically to determine the then current Terms of Use, Privacy Policy, and conditions to which you are bound. If you do not agree with any changes to these Terms of Use or our Privacy Policy, your sole remedy is to not use the Website. If you continue to use the Website after We change these Terms of Use, you will be deemed to accept all changes.
2. INTELLECTUAL PROPERTY; LICENSE
The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content of or associated with the Website (the “Content”) are owned or licensed by and to SWISSBO or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress or other applicable laws in Canada, the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark and other legal notices and restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and SWISSBO, We and our licensors will retain all right, title, and interest, including all intellectual property rights, in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access that you are granted. Except as expressly set forth in these Terms of Use or expressly granted to you in writing by SWISSBO, no rights, including any ownership rights, are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of SWISSBO.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Use, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Use or otherwise expressly authorized by Us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in these Terms of Use or otherwise expressly authorized by Us in writing, you are strictly prohibited from modifying Content or any part of the Website; creating, distributing or advertising an index of any significant portion of the Content or any part of the Website; or otherwise creating or distributing any works or materials that are derived from or based in any way on any of the Content or the Website, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise.
3. VIRAL DISTRIBUTION
We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing mash-ups (i.e. combinations of Content)). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon SWISSBO’s request. You are expressly prohibited from using language such as “as seen on” or any other language that implies an endorsement by SWISSBO or talent appearing therein when redistributing Content.
4. COMMERCIAL LICENSES
You must obtain our prior written permission for commercial use of the Content or the Website. If you wish to license Content from the Website, please contact us.
5. COPYRIGHT
The copyright in all materials provided on the Website is owned by SWISSBO or its affiliate(s) or third party licensor(s). Except as stated herein, none of the material contained in or on the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without SWISSBO’s prior written consent. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, non-commercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. SWISSBO may revoke any of the foregoing rights at any time. You may not, without SWISSBO’s prior written consent, “mirror” or otherwise reproduce any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate intellectual property laws, including copyright laws and trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. TRADEMARKS
The trademarks, service marks, trade names and logos (collectively, “Trademarks”) used and displayed on the Website are registered or unregistered Trademarks of SWISSBO, its affiliate(s) or third party licensor(s). Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without SWISSBO’s prior written consent. SWISSBO prohibits the use of any SWISSBO logo or Trademark as a “hot” link to any Website unless establishment of such link is approved in advance by SWISSBO in writing.
7. THIRD PARTY CONTENT
We may provide third-party content (including advertisements) or link to third-party websites on the Website. We do not control or assume responsibility for third parties’ actions or omissions and do not make any representations or warranties as to the completeness, accuracy, adequacy, currency, reliability or legality of any third-party content. You should review third parties’ terms of use and privacy policies before you use their services. In certain instances, you may be able to interact with certain third party social media sites through the Website, including, without limitation, Facebook and Twitter.
YOU AGREE THAT NEITHER SWISSBO NOR ANY OF ITS AFFILIATES OR COMPANY PARTIES (DEFINED BELOW) WILL, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, WEBSITE, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the Website to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by SWISSBO or its affiliates or Company Parties (defined below).
8. MOBILE
The Website may offer features and services that are available to you via your mobile phone or other mobile device, including the ability to receive messages from the Website (collectively, the “Mobile Features”). Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by Us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees could be charged.
You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
9. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless SWISSBO and its affiliates, and its and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Company Parties”) from and against any and all claims, actions, demands, costs (including attorney’s fees and costs), damages, investigations, settlements, judgments, losses, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Website or the Content (including, without limitation use of your account) or your breach of these Terms of Use. You will cooperate as fully as required by any of the Company Parties. The Company Parties retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with Us to defend such claim. You may not settle any claim without the Company Parties’ (as applicable) prior written approval.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (a) THE WEBSITE; (b) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE (IN WHATEVER FORM OR MEDIA); (c) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (d) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (e) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY PARTIES DO NOT REPRESENT, WARRANT OR COVENANT THAT: (i) THE WEBSITE, ANY OF THE WEBSITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN (INCLUDING, WITHOUT LIMITATION, ANY PRICE INFORMATION OR PRODUCT SPECIFICATIONS) WILL BE ERROR-FREE; (ii) DEFECTS WILL BE CORRECTED; (iii) THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iv) THERE WILL NOT BE ANY FAILURES, INTERRUPTIONS, OR DELAYS IN THE WEBSITE OR DELIVERY OF ANY CONTENT CONTAINED IN THE WEBSITE. THE COMPANY PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR AS TO QUALITY, DURABILITY, AVAILABILITY OR SUBJECT MATTER OF THE WEBSITE, CONTENT AND/OR PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE. THE WEBSITE, INCLUDING ALL CONTENT, PRODUCTS, SERVICES, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE WEBSITE (INCLUDING ITS FUNCTIONS AND CONTENT) IS AT YOUR RISK. YOU UNDERSTAND THAT BY USING THE WEBSITE OR ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT, WARRANT AND COVENANT THAT YOUR ACTIVITIES ARE AND WILL BE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION OR FOR ANY CONDUCT BY USERS OF THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE COMPANY PARTIES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH: (a) THE WEBSITE (INCLUDING WITHOUT LIMITATION ITS FUNCTIONS OR CONTENT); (b) YOUR USE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION ITS FUNCTIONS OR CONTENT); (c) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION ITS FUNCTIONS OR CONTENT); (d) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SWISSBO REGARDING YOUR USE OF THE WEBSITE OR CONTENT; (e) THESE TERMS; OR (f) ANY ERRORS OR OMISSIONS IN THE WEBSITE, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE COMPANY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY OTHER DAMAGES EXCEED FIFTY CANADIAN DOLLARS (CAD $50.00).
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY HARM THAT ARISES OUT OF THE COMPANY PARTIES’ ACTS OR OMISSIONS, THE HARM, IF ANY, IS NOT IRREPARABLE AND IS NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE WEBSITE OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SWISSBO OR ANY OTHER COMPANY PARTY’S WEBSITE, PROPERTY, PRODUCT, PROGRAM OR OTHER AUDIO/VISUAL CONTENT.
11. GOVERNING LAW, VENUE AND JURISDICTION
These Terms of Use and all claims between you and SWISSBO arising from or related to your use of the Website will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
To the extent permitted by applicable law, all proceedings arising from or related to use of the Website or these Terms of Use, shall be brought only in the courts of the Province of British Columbia and you and SWISSBO do hereby consent to the jurisdiction and venue of such courts. Notwithstanding any other provision of these Terms of Use, (a) SWISSBO may seek injunctive or other equitable relief from any court of competent jurisdiction, and (b) nothing herein will restrain a Canadian resident’s right, if any, to seek public injunctive relief as permitted by law and subject to the venue requirements set forth above.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Website or these Terms of Use within 180 days after the occurrence of the facts giving rise to such claim or action otherwise, you will waive the claim or action.
12. MISCELLANEOUS
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Website and/or the Content, including, without limitation, those governing your transmission or use of any software or data. You agree that these Terms of Use will not be construed against SWISSBO by virtue of having drafted these Terms of Use. If any provision of these Terms of Use or the Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use or Privacy Policy, which will remain in full force and effect. No waiver of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of SWISSBO. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect. To the extent permitted by applicable law, the official language of these Terms of Use, our Privacy Policy and our Website exclusively shall be, and all communications and agreements between SWISSBO and you and any proceedings in connection with these Terms of Use, our Privacy Policy and/or your use of the Website, exclusively shall be made in, the English language. SWISSBO and you waive any rights available under any other law to have these Terms of Use or our Privacy Policy written in another language, and any translation of these Terms of Use or our Privacy Policy will be for convenience only. Where SWISSBO has provided a translation of the English language version of these Terms of Use, our Privacy Policy or other portions of the Website, in case of any wording discrepancies between the English and any other version, the English language wording takes precedence. If any term in these Terms of Use and/or our Privacy Policy is deemed invalid, void or for any reason unenforceable, such term shall be deemed severable and shall not affect the validity and enforceability of any remaining term in these Terms of Use or in our Privacy Policy.
13. CONTACT
If you have any questions about these Terms and Conditions, you can contact Us by visiting this page on our website: https://swissbo.com/contact/.
SITE OWNER
SBO Distributors Ltd.
103 Lonsdale Ave.
North Vancouver, BC V7M 2E7
Canada
CONCEPT, DESIGN AND DEVELOPMENT
Cermusoni ID GmbH
Haldenstrasse 19a
CH – 2502 Biel
Switzerland
