Terms

Our goal is to keep this agreement as readable as possible, but in some cases some «legalese» language is required for legal reasons.
Your Agreement to this Agreement

The following terms and conditions, together with any documents and/or additional terms they expressly reference, including, without limitation, our Privacy Policy (as defined below), constitute a legal agreement (collectively, this «Agreement») and are entered into by and between you («you», «your», «User») and Sexweiser («Company» «we» «us», & «our»).

This Agreement contains very important information about your rights and obligations, as well as terms, conditions, limitations, and exclusions that apply to your access to and use of https://sexweiser.ch (the «Site»). Please read this Agreement carefully.

BY ACCESSING AND USING THIS WEBSITE, YOU:

YOU ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY AND COMPLY WITH IT;
YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
YOU AGREE THAT YOU ACCESS THE SITE AT YOUR OWN RISK IF YOU ACCESS THE SITE FROM A COUNTRY WHERE SUCH ACCESS IS NOT PERMITTED.

Updates to this Agreement or the Website

We may revise this Agreement and the Site and its contents at any time without notice. Any such revisions will be effective immediately upon posting and will apply to all access to and continued use of the Site. By continuing to use this Website, you agree to be bound by the then-current version of this Agreement.


Your Responsibilities

You must ensure that all persons accessing the Website are aware of and comply with this Agreement. The Website, including any content or areas of the Website, may require user registration. It is a condition of use of the Website that all information you provide on the Website is accurate, current and complete.

Any user name, password or other information you choose to provide to us as part of our security procedures must be kept confidential and may not be disclosed to any other person or entity. You agree to notify us immediately of any unauthorized access to your username or password or any other breach of security. You also agree to log out of your account at the end of each session. You are responsible for any password misuse or unauthorized access.

Prohibited Activities


You are prohibited from attempting to circumvent and breach the security of this Site, including, but not limited to:

accessing content and data that is not intended for you;
attempting to bypass or violate security and/or authentication measures that are not authorized;
the restriction, interruption or disabling of services to users, hosts, servers or networks;
the unauthorized duplication of TCP/IP packet headers;
Disruption of network services and otherwise interfering with our ability to monitor the Site;
the use of robots, spiders or other automated devices, processes or means to access the Site for any purpose, including monitoring or copying material on the Site;
The introduction of viruses, Trojan horses, worms, logic bombs or other material that is malicious or technically harmful;
Attacks on the Website through denial of service attacks, distributed denial of service attacks, flooding, mailbombing or crashes; and
Otherwise attempting to disrupt the proper functioning of the Website.

Translated by www.DeepL.com/Translator (free version)


Ownership of the Website and Content

You understand and agree that the Website and all of its content (including, but not limited to, all text, graphics, interfaces, images, video, sound, music, artwork, designs, computer code, data and other elements available on or through the Website, and the design, structure, selection, arrangement and appearance of these elements and the Website as a whole), features and functionality are our property, the property of our licensors or other providers of these materials, and are protected in all forms by intellectual property laws, including but not limited to copyrights, trademarks, patents, trade secrets and other proprietary rights. Your use of the Site does not transfer to you or confer upon you any right, title or interest in or to the Site or its content.

Your limited rights to access and use the Website are as follows


Viewing or downloading any Content grants you only a limited, non-exclusive, revocable, non-transferable license for your exclusive use for your own personal use and not for republication, distribution, assignment, sublicense, sale, creation of derivative works, or any other use. No part of any content, form or document may be reproduced in any form or incorporated into any electronic or mechanical information retrieval system except for your personal use (but not for resale or redistribution).

Our rights

We have the right, without notice to you:

Take appropriate legal action, including but not limited to, referral to or cooperation with law enforcement or regulatory authorities, or notify the aggrieved party of any illegal or unauthorized use of the Site;
Terminate or suspend your access to all or any part of the Site for any reason, including, but not limited to, a breach of this Agreement;

YOU ARE SOLELY AND COMPLETELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY.

YOU WAIVE ANY AND ALL CLAIMS AGAINST COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS IN TITLE ARISING OUT OF ACTIONS TAKEN BY COMPANY AND THE FOREGOING PARTIES IN CONNECTION WITH ANY INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES.


Third Party Links and Content

For your convenience, this Website may contain links or references to third-party websites or content. We make no representations about any other third-party websites or content that may be accessed from this Website. If you decide to access such websites, you do so at your own risk. We have no control over third party content or third party websites and accept no responsibility for those websites or for any loss or damage that may arise from your use of those websites. You are subject to the terms and conditions of such third party websites.

Disclaimers


YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED «AS IS» AND «AS AVAILABLE» WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING SHALL NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS DO NOT WARRANT, REPRESENT OR ENDORSE THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, TIMELINESS, OR AVAILABILITY OF THE SITE OR ITS CONTENT OR THAT, THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ACCESSED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

How we limit our liability to you

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, NEITHER THE COMPANY NOR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS SHALL BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, INVASION OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY IS ALLEGED TO HAVE BEEN ADVISED OR HAD REASON TO KNOW OF THE SAME, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, USE OR INABILITY TO USE OR RELIANCE ON ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION, THE WEBSITE, LINKED WEBSITES OR OTHER THIRD PARTY WEBSITES, OR ANY WEBSITE CONTENT, MATERIALS, POSTINGS OR INFORMATION THEREON, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW OF THE SAME.


Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company, its parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, (including reasonable attorneys› fees) arising out of or relating to your breach of this Agreement or your use of the Site, including but not limited to third party websites and content, any use of the Site’s content and services not expressly permitted by this Agreement.

Privacy Policy

The personal information you provide through the Website is subject to our Privacy Policy, which can be found at sexweiser.ch/terms/ (the «Privacy Policy»).

Governing Law

The Site and this Agreement shall be governed by and construed in accordance with the laws of Switzerland and the federal laws applicable therein, without regard to your domicile, residence or physical location and without regard to any choice or conflict of law principles.

Any action or proceeding arising out of or relating to this Site and/or this Agreement shall be brought in the courts of Switzerland, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any objection to the exercise of jurisdiction over you by such courts and to the venue of such courts.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement or to the rights and obligations of the parties under this Agreement.

Other Matters

The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.

This Agreement constitutes the entire agreement between you and Company with respect to your access to and use of the Site and its Content, and supersedes all prior and contemporaneous agreements between you and Company.

The failure of Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.

If any part of this Agreement is held invalid or unenforceable, that part shall be construed in accordance with applicable law and the remaining parts shall remain in full force and effect.


We may provide notices to you under this Agreement by: (i) sending a message to the email address that you have provided to us and that you have consented to the use of; or (ii) posting on the Site. Notices sent by email will be effective when we send the email, and notices sent by mail will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under this Agreement, you must contact us as follows: (i) by personal delivery, overnight courier, or certified or registered mail, return receipt requested, to Sexweiser, . We may update the address for notices to us by posting a notice on this Site. Notices delivered by hand will be effective immediately upon being personally received by an authorized representative of the Company. Notices delivered by overnight courier or certified mail or return receipt requested will be effective upon receipt and an acknowledgement of receipt evidencing receipt of the notice.

This website is operated by Sexweiser , +41 77 957 30 98.

If you become aware of any abuse of the website, including abusive or defamatory behavior, you must report it to the company. All reports of abuse and other feedback, comments, requests for technical support and other communications relating to the Website should be directed to admin@sexweiser.ch.

Last updated: 07/05/2022