General Terms and Conditions
1. Scope
These MIA-DIRECTORY General Terms and Conditions govern the use of MIA-DIRECTORY as well as any and all websites and services provided by MIA-DIRECTORY and its partners. The use of third-party services or of third-party websites MIA-DIRECTORY links to may be subject to terms and conditions of their respective owner. By using MIA-DIRECTORY and partner websites the user (hereinafter the use of the term "he" in conjunction with "the user" shall be used to refer to female users as well) agrees to observe these General Terms and Conditions.
2. Services provided by MIA-DIRECTORY
2.1. General
MIA-DIRECTORY and its partner companies provide various online services for use free of charge on the MIA-DIRECTORY website. These services may be altered or expanded in terms of content and form or discontinued at any time. MIA-DIRECTORY reserves the right to switch specific services to a fee-based format and to subcontract third parties for the provision of services at any time.
2.2. Registration
Registration may be required for some services. The user is obliged to provide required information in full and truthfully to the best of his knowledge as well as to enter any changes in a timely manner. The user assumes sole responsibility for the content of his registration and thereby for all personal information provided. MIA-DIRECTORY reserves the right to delete a user's registration at any time at its discretion without disclosure of reasons. MIA-DIRECTORY implements measures to protects its applications from unauthorized access by third parties. However, since absolute protection is not achievable, MIA-DIRECTORY shall not be liable for the consequences of unauthorized access.
2.3. Storage and Publication of Content
MIA-DIRECTORY provides users with various methods of entering user-generated content in various sections of the MIA-DIRECTORY website, e.g. event listings, classified ads, comments, reviews, videos, images and additional listing directory information. Each content entry constitutes a use for which the user accepts the MIA-DIRECTORY General Terms and Conditions in effect at that time. The user declares his express agreement with the uploading and publication of his content. MIA-DIRECTORY is not obliged to upload and publish any content. MIA-DIRECTORY reserves the right to remove content from the website at any time without disclosure of reasons. Content and reviews entered on the MIA-DIRECTORY website constitute the subjective views of the authors and do not represent the opinions of MIA-DIRECTORY ag. Furthermore, uploading and publication do not constitute acceptance or condoning of the uploaded content by MIA-DIRECTORY .
3. User Obligations
The user agrees not to abuse services provided by MIA-DIRECTORY and to refrain from illegal activity. In particular, no data may be entered into the system that contains computer viruses and services may not be used in a manner that negatively impacts the availability of these services for other users. The user recognizes that the content and information (addresses, URLs, logos etc.) provided on MIA-DIRECTORY are legally protected and/or affect the rights of third parties.
The user is obliged to handle access data provided to him (user name/password) carefully, in confidence and with caution. MIA-DIRECTORY cannot be held liable for any misuse of access data or damage caused by such misuse. The user is obliged to immediately report any misuse, illegal offers etc. to MIA-DIRECTORY upon becoming aware of such content or activity.
The user is obliged to observe netiquette.
The user commits to refrain from violating statutory provisions of Swiss law with any published content. In particular, the user shall not post any content that may be deemed a violation of personal rights, competition rights or that may be viewed as defamatory, racist, glorifying violence, threatening, pornographic or obscene and not to infringe the copyright of third parties. MIA-DIRECTORY reserves the right to block, delete or decline to upload any content that violates these rules immediately and without notification. In the event of such a violation, MIA-DIRECTORY furthermore reserves the right to bar the user from adding future content.
4. Data
MIA-DIRECTORY endeavors to use data that is up to date and free of errors. The user acknowledges that the data may contain errors or incomplete information as a result of technical and other factors. MIA-DIRECTORY cannot be held liable for any errors or consequences arising from this. The further use and forwarding of data (electronically, on paper, etc.) without the prior written consent of MIA-DIRECTORY is strictly prohibited.
5. Privacy
MIA-DIRECTORY observes the provisions of Swiss data protection legislation. The user agrees that the user data gathered when he visits MIA-DIRECTORY and partner websites may be recorded and processed for the purposes of market research and optimizing services offered by MIA-DIRECTORY . MIA-DIRECTORY reserves the right to provide this data to third party in anonymized form. User data that has not been anonymized may only be provided to third parties with the user’s permission. Cookies are used to manage services offered by MIA-DIRECTORY. Cookies serve to identify specific users, which allows information to be prepared for the user in a more user-friendly manner.
6. Intellectual Property
The user is granted the non-transferable, non-exclusive right to use the services provided on MIA-DIRECTORY . All rights to existing or developed intellectual property in conjunction with services provided by MIA-DIRECTORY are retained by MIA-DIRECTORY or authorized third parties.
7. Availability, Warranty and Liability
MIA-DIRECTORY aims to ensure a high level of availability. However, MIA-DIRECTORY cannot guarantee that the services provided will function free of interruptions and errors. MIA-DIRECTORY excludes any and all liability towards the user or third parties to the full extent permitted by law. The user acknowledges in particular that MIA-DIRECTORY shall not be liable for content published on MIA-DIRECTORY by other users or of external websites to which MIA-DIRECTORY provides a link. The user shall hold MIA-DIRECTORY harmless against any and all third-party claims that arise as a result of the misuse of data or services provided by MIA-DIRECTORY or the content published by the user.
8. Language of General Terms and Conditions:
MIA-DIRECTORY provides translations of the General Terms and Conditions in German, English and Italian. By accepting the General Terms and Conditions in other languages, you acknowledge that these translations serve to enhance your comprehension and convenience, but that the French version of the General Terms and Conditions shall govern the relationship between you and MIA-DIRECTORY .
In the event of contradictions between a version of the General Terms and Conditions in a language other than French and the French version, the French General Terms and Conditions shall prevail.
9. Final Provisions
MIA-DIRECTORY reserves the right to change these General Terms and Conditions at any time. The changes shall be come into effect from the time of their publication on MIA-DIRECTORY . MIA-DIRECTORY reserves the right to block users that violate these General Terms and Conditions from accessing MIA-DIRECTORY . If one or more of the provisions of this agreement is/are void or ineffective, the other provisions shall remain binding. This agreement is subject to Swiss law. The place of jurisdiction is the registered office of the company (Fribourg, Switzerland).
December 29, 2009
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