General
1.1. This website under the domain name gms.net (“Website”) is owned and operated by Global Message Services AG (“GMS”, “we”,” or respectively “us“, “our”), a company incorporated under the laws of Switzerland.
1.2. These terms of use (“Terms of Use”), together with the documents referred to in it, outline the terms and conditions of, and apply to the use of the entire content of the Website, as well as to any e-mail correspondence between you and GMS. Use of the Website means accessing, browsing, or registering to use the Website.
1.3. Our Privacy Notice and Cookies Notice form integral part of these Terms of Use. Please read them carefully to understand how we collect and process your personal data.
1.4. These Terms of Use represent the entire agreement between GMS and you relating to the access, use and browsing the Website.
1.5. By accessing this Website, you confirm your understanding that such access and use is subject to the Terms of Use. If you do not agree with any part of the Terms of Use, you must not use this Website and leave the Website.
1.6. We may update or amend the Terms of Use from time to time. We encourage you to review our Terms of Use on a regular basis. If you do not agree with the changed Terms of Use, you must not use the Website anymore. The Terms of Use shall not be amended by you or any person on your behalf. Nothing said or done by any party on our behalf, shall be considered as any variation of the Terms of Use as published on this Website.
1.7. We may also update or amend our Website or its content from time to time, but we do not claim that the Website will always be published in its latest state.
Intellectual Property Rights
2.1. Except for content uploaded by you, GMS is the owner or the licensee of any and all textual, visual, audio or other information, data, content, design, illustrations, photos, sound, video, music, graphics, compilation, and other material that make up, or are uploaded to, or otherwise made available on the Website (“Material”). This Material is protected by copyright, trademark, patent or other intellectual property laws applicable to GMS. All rights not expressly granted herein are strictly reserved.
2.2. Except as expressly provided herein or otherwise permitted by mandatory provisions of applicable laws, you agree that you will not use, copy, alter, modify, reverse engineer, reproduce, create, publish, broadcast, distribute, store, transfer, transmit, commercially exploit or otherwise use any paper or digital Material without obtaining a prior express written consent from GMS.
2.3. Without prejudice to the foregoing, you may use the Materials only for personal, non-commercial purposes provided that our copyrights and our status (and that of any identified contributors) as the authors of such Material is always acknowledged and other proprietary notices are duly displayed.
2.4. If you use the Materials contrary to these Terms of Use, or otherwise expressly agreed by us, you are breaching these Terms of Use and our or our licensors’ copyright and other intellectual property rights. In case of breach of these Terms of Use, you are not permitted anymore to use the Website anymore and must destroy any Material you have downloaded or printed from the Website. We expressly reserve our right to legal recourse under contract and law.
2.5. All trademarks, service marks and trade names on the Website are our property or the property of our partners and are protected by Swiss and international copyright and trademark laws. You must not use any of these trademarks, service marks or trade names without explicit advance consent.
Visitor Material and Communication
3.1. Any information, material or other communication you transmit to our Website, other than personally identifiable information covered the Privacy Notice, shall be considered non-confidential and nonproprietary (“Visitor Material”) and we shall have no obligations with respect to such material. GMS shall be free to copy, disclose, distribute, incorporate and otherwise use such Visitor Material and all other textual, visual, audio or other information for any and all commercial or non-commercial purposes.
3.2. You shall not transmit to the Website any Visitor Material that violates any intellectual property of any third party or that is threatening, defamatory, offensive, pornographic, abusive, libelous, liable to incite racial hatred, discriminatory, in breach of confidence or privacy, or that would be considered a criminal offence or give rise to civil liability or otherwise violate any national or international law. In addition, you are prohibited to transmit to the Website any Visitor Material that is technically harmful in any way or otherwise misuse the Website.
Links to and from other Websites
4.1. Our Website may contain links or plug-ins to other websites and services that are not operated and maintained by GMS, but by other third independent parties. If you use these links or plug-ins you will be redirected to these third-party websites and leave our Website. By using these links or plug-ins, you acknowledge, understand and agree that we do not control, and are not liable or responsible, directly or indirectly, for these websites and their content or availability. Also, you acknowledge and understand that these websites may place cookies to your browser on your computer or mobile device as described in our Cookie Notice. GMS shall not be liable for any damage, direct or indirect, caused or alleged to be caused by or in connection with the use of or reliance on any content, products, or service available on such third-party websites.
4.2. You are permitted to link to this Website from any other website provided that you do not:
4.2.1. replicate this Website, any of its pages or any Material from the Website;
4.2.2. mispresent any your relationship with us or imply in any fashion whatsoever that we or any of our affiliates is endorsing any of your products or services;
4.2.3. use our trademark, logo or any Material unless we have provided you with a written consent;
4.3. The website from which you are linking to us shall not contain any content that is offensive, controversial, or that violates any intellectual property of a third party or otherwise violates any national or international laws.
4.4. We fully reserve the right to revoke the authorization right granted to you in paragraph 4.2 above if you breach these Terms of Use. The authorization granted to you in paragraph 4.2 does not assume any GMS liability with regards to the linking to our Website. GMS exclude any and all such liability.
Disclaimer of Warranty
5.1. While we aspire to timely update and ensure the completeness and correctness of the Materials contained on the Website and the Website itself, the Website and all the Material contained on the Website is provided on a “as is” basis and, to the extent permitted by the applicable laws, we do not represent or warrant the accuracy, completeness, correctness, availability, reliability, suitability of any of the Materials or the Website itself. We disclaim all such representation, warranties, as well as conditions, terms, undertakings, whether implied or explicit, whether based on laws or customs, including but not limited to, satisfactory quality, fitness for a particular purpose, non-infringement, and the use of reasonable care or skill arising from course of dealing or course of performance.
5.2. Further, we do not warrant that the Website is free of viruses or other harmful components (including but not limited to viruses, Trojan horses, worms, corrupted data etc.) All servicing, repair or correction costs for your equipment, data, software or device shall be borne solely by you, regardless of whether such costs are incurred by, are result of, or in any connection with any use of the Material from our Website or the Website itself.
Limitations of Liability
GMS and all its affiliates, licensors, employees, consultants, partners, officers, directors, shareholders shall not be liable for any direct or indirect, suffered or alleged, incidental or punitive damages, loss of profits, revenue, business interest, investment, reputation, data, income, goodwill that you or any third party may incur, whether foreseeable or not, regardless of whether in tort, contract or arising from, or as a result of or in connection with this Website or any Material therein or in any other way, or of any website linked to this Website or materials on such website.
Indemnity
7.1. You shall without any limitations, indemnify and hold harmless, GMS and each and all its affiliates, licensors, employees, consultants, partners, officers, directors, shareholders from any third-party claim, liability, loss, damage, cost or expense, including but not limiting to all reasonable attorneys expenses and costs, arising out or related to use of this Website or any Material therein or with any breach of these Terms of Use, misappropriation or violation of any third-party rights or of any applicable national or international law.
Miscellaneous
8.1. If at any time any part of these Terms of Use is held unlawful, invalid or for any reason unenforceable in any respect under the laws of any applicable jurisdiction, such part of the Terms of Use shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any other provision herein.
8.2. These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland. All disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Zug, Switzerland.
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