Weblooks GmbH (also "Provider") is the provider of the services described on https://www.weblooks.ch/portfolio-items/bloc/.
In this context, the Provider grants to the customer (hereinafter "the User" or "the Customer", with references to the male gender also including the female) the non-exclusive right to use the iPhone Application "BLOC" and other services.
The use of all websites and services offered by the Provider and partners is subject to the terms and conditions specified therein and is not an integral part of these Terms and Conditions of Use. The use of linked third-party websites may be subject to each of these third-party operators' own relevant terms and conditions.
Furthermore, the respective relevant contractual provisions shall apply regarding the modification of the User's content within the scope of the use of the Provider's services and products, unless explicitly provided otherwise below.
The iPhone Application "BLOC" and other services may at any time be modified, expanded, or deactivated with respect to content and form. The Provider may at any time engage third parties in the provision of services.
The Provider may configure individual services or the publication of individual content as a fee-based service.
The Provider offers the User different options in the iPhone Application "BLOC" for inputting and modifying his directory entry in various sections of the iPhone Application "BLOC" and, where applicable, for inputting his own content, such as images, text, videos, website references, classified ads, or other multimedia files as a complement to the directory entry.
The User expressly declares his agreement with the activation and publication of his content in the iPhone Application "BLOC" and in the Provider's websites.
Moreover, the user acknowledges that the Telecommunications Act (TCA; Fernmeldegesetz: FMG) prescribes that the telecommunications service provider (TSP), pursuant to Art. 12d and 21 TCA as well as Art. 31 OTS [Ordinance on Telecommunications Services; Verordnung über Fernmeldedienste: FDV] and the TAV (technical and administrative regulations of the Federal Office of Communications), must keep a register of its subscribers. To comply with this obligation, TSPs may engage third parties (Art. 31 para. 3 TCA). Customer data of the TSP is thus disclosed to the Provider in order to fulfil the legal mandate.
In the event that content concerns the regulated entry, the Provider reserves the right to verify that the content complies with the conditions for entry and the applicable legal provisions, to correct it and, if necessary, to reject changes made by the Customer.
In the event that content does not concern the regulated entry, the Provider is not obliged to activate and publish the content. The Provider is free to remove such content from its Apps ("BLOC") and websites at any time without providing reasons therefor.
The User agrees to use the iPhone Application "BLOC" and the other services provided by the Provider in a non-abusive manner and to refrain from illegal activity. In particular, no data may be entered into the system that contains a computer virus, and the services may not be used in a manner that negatively impacts the availability of these services to other users.
The Provider determines the type of access protection used. It is not obliged to verify the information on the users' identity. The Provider is not obliged to take any copy-protection measures. The User thus undertakes to treat his personal data confidentially and with all due care.
Moreover, the Customer undertakes to protect his passwords and identification keys from misuse and is liable to the Provider for any harm incurred by the latter resulting from the Customer's misuse.
In the event of misuse of data or damages which are incurred as a result of wrongful access to the iPhone Application "BLOC" and the use of other services, the Provider cannot be held liable. If the User observes illegal offers or other misuse on the Provider's websites or on other services, he shall immediately notify the Provider.
The User consents to the delivery of information by push notifications.
The User undertakes to refrain from violating statutory provisions of Swiss law or applicable foreign regulations with respect to the content posted or published by him in the iPhone Application "BLOC" or in the other services. In particular, the User undertakes not to post or publish content that violates personality or competition rights, is defamatory or racist, promotes violence, or is threatening, pornographic, or obscene; he also undertakes to safeguard the copyright of third parties. The Provider has the right to block, delete, or decline to activate any content that violates these rules immediately and without notification. In this event, the Provider reserves the right to ban the User from adding further content.
The Provider assumes no obligation to verify content and declines any liability in this respect. The Customer shall fully indemnify the Provider against any claims that may be asserted against the Provider. The Customer expressly declares and warrants that he will respect the rights of third parties, in particular company-name, copyright, and trademark rights. He is cognisant of the fact that third-party rights in images, graphics, data, audio documents, programs or parts thereof, etc. are generally in existence and declares that he has obtained the necessary rights of use in advance.
The User acknowledges that the remaining content and information (addresses, URLs, logos, images, texts, multimedia content etc.) on the websites and mobile apps operated by the Provider are legally protected and/or affect the rights of third parties.
The Provider endeavours to use current and correct data.
The User acknowledges that the data may contain errors or incomplete information as a result of technical or other factors. The Provider cannot be held liable for any errors or consequences resulting therefrom.
The protection of data and personality rights is a major concern for us.
On visiting the Provider's websites and mobile apps or in using services, a variety of customer data can accumulate, which the Provider may captures and stores, such as:
Customer data gathered during use (e.g. information on the length and frequency of use of a service, metadata etc.).
Customer data gathered during use of individual Provider websites and mobile apps
Non-personal data gathered on the basis of technical processes during the use of the iPhone Application "BLOC" and mobile apps, and internet protocol addresses (IP addresses).
The legislation in the country of the recipient does not in all cases provide protection for the processing of data equivalent to that of Switzerland.
Cookies are used to manage the services provided on Provider websites and mobile apps. A cookie recognises a User, thus enabling information to be provided to the User in a more user-friendly manner.
You may prevent cookies from being saved through a corresponding setting in your browser; we point out, however, that in this case you may not be able to use all the functions of this website to their full extent. You can also prevent the data generated by the cookie relating to your use of the website (incl. your IP address) from being recorded by Google, and prevent such data from being processed by Google by downloading and installing the browser plugin which is available at the following link: http://tools.google.com/dlpage/gaoptout.
The Ad Settings Manager enables you to opt out of Google Analytics for display advertising: https://www.google.com/settings/ads/onweb. You can use the following link to permanently deactivate the DoubleClick by Google cookie: http://goo.gl/p7Jn86.
The Provider endeavours to ensure a high level of availability of the website, apps and services offered. However, the Provider cannot guarantee that these will function free of interruptions and malfunctions. The Provider will rectify technical malfunctions that are within its sphere of control within a reasonable time. The Provider does not guarantee the availability of technical support, but nonetheless endeavours to make such available. To the extent permitted by law, any further liability of the Provider to the User or third parties is excluded. The Provider is thus liable exclusively for intentional or grossly negligent conduct.
The User acknowledges in particular that the Provider is not liable for content published on the Provider's websites or mobile apps by other users or for the content of other websites and mobile apps that are referenced by the Provider.
The User shall hold the Provider harmless against any and all third-party claims arising from his misuse of the Provider's data or services or from content published by him.
The Provider provides translations of the Terms and Conditions of Use in English to the User.
The Provider may amend these Terms and Conditions of Use at any time. The amendments take effect from the time of their publication, but no later than at the time of the use of the mobile apps, websites or other services offered by the Provider.
Failure to comply with the Terms and Conditions of Use may lead to the blocking of a user's access to the Provider's websites, mobile apps and other services.
Should one or more provisions be void or ineffective, the binding effect of the remaining provisions remains unaffected thereby.
Swiss law is applicable to the contractual relationship, whereby the substantive rules with respect to conflicts of laws as well as the provisions of the Vienna Convention (United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on 11.04.1980) are excluded.
The place of jurisdiction is that of the registered office of Weblooks GmbH (Zurich).
Weblooks GmbH, January 2017