Name of the Company making use of the Services: CNN MONEY SWITZERLAND SA
Share capital : CHF 101’000.-
Head office: Avenue de Rumine 13, c/o Wilhelm Avocats, 1005 Lausanne, Switzerland
N° in register of commerce: CHE-455.939.638
Social goal: Conception, production, realization, broadcast of TV channels in Switzerland, among others with CNN MONEY SWITZERLAND SA group in Europe and in particular to develop the trademarks CNN and/or CNN MONEY SWITZERLAND SA in Switzerland.
Email of the customer service: [email protected]
(hereinafter : « CNN MONEY SWITZERLAND SA »)
1. Content of the Service
The major purpose of our Services is to present content, data, video, and all other material and features on the Service to provide news, in particular in the financial and business fields, entertainment and/or information and promoting products and/or services which may be available in particular in Switzerland.
Our Services are supposed to be available to users 7/7, 24/24.
You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Service and all charges related to the same.
CNN MONEY SWITZERLAND SA may, at its sole discretion, change or discontinue, with or without any reason, any aspect, service or feature of the Service at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Your obligations
CNN MONEY SWITZERLAND SA grants you access to the Services on the following condition:
- You shall not to engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You shall not to, by any ways, harvest or collect personally-identifiable information about the users of the Services;
- You shall not to upload, post or otherwise transmit to the Services a software or other materials which contain a virus or other harmful or disruptive component;
- You shall not to interfere with or disrupt the Services or the servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- You shall not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Service, use the Service, or access to the Service.
The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service are copyrighted work. CNN MONEY SWITZERLAND SA owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
Therefore, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under Swiss copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of CNN MONEY SWITZERLAND SA. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. Third Party Content
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Service, are those of the respective author(s) or distributor(s) and not of CNN MONEY SWITZERLAND SA. Neither CNN Money Switzerland SA nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the Service represents the opinions and judgments of the respective user or information provider not under contract with CNN MONEY SWITZERLAND SA. CNN MONEY SWITZERLAND SA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by any third party. Under no circumstances will CNN MONEY SWITZERLAND SA be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Service. CNN MONEY SWITZERLAND SA is not responsible for any actions or inaction on your part based on the information that is presented on the Service. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service.
5. Advertisements and Promotions
CNN MONEY SWITZERLAND SA may run advertisements and promotions from third parties on the Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than CNN MONEY SWITZERLAND SA, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. CNN MONEY SWITZERLAND SA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Service.
6. Disclaimer of Warranty; Limitation of Liability
6.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER CNN MONEY SWITZERLAND SA, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
6.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL CNN MONEY SWITZERLAND SA, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SERVICE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CNN MONEY SWITZERLAND SA OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT CNN MONEY SWITZERLAND SA AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless CNN MONEY SWITZERLAND SA, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Service by yourself. CNN MONEY SWITZERLAND SA reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
CNN MONEY SWITZERLAND SA‘s failure to exercise any rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights.
It is expressly agreed that you are acting as independent contractor of CNN MONEY SWITZERLAND SA. Under no circumstances shall the use of our Services be considered as a partnership,
9. Governing Law and jurisdiction