| 1. |
Applicability and terms
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| 1.1 |
The following general terms and conditions (T&C’s) regulate the rights and obligations
arising with regard to use of the website www.fun6.ch (“fun6.ch“) and the relationship
between the users of the website and fun6 marketing ag, Baarerstreet 63, CH-6300
Zug (“fun6“). |
| 1.2 |
The T&C’s apply to every use of fun6.ch, in particular offering and use of advertisements.
Separate terms and conditions apply for the use of online advertising (e.g. banner
ads
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| 1.3 |
Please refer to the fun6.ch homepage for these T&C’s. In addition, the user is clearly
and therefore legally referred to the T&C’s as part of registration. By indicating
their acceptance by clicking on the corresponding check-box, as confirmed by a tick,
these T&C’s become an explicit part of the contract. |
| 1.4 |
The T&C’s can be viewed any time on fun6.ch in the closing line, and can be downloaded
by the user as a PDF. |
| 1.5 |
User comprises natural and legal persons, who make use of services provided by fun6.ch
marketing on fun6.ch, in particular advertisers and visitors. |
| 1.6 |
An advertisement is a portrayal of a profile designed with independent responsibility
for purposes of publication. The advertiser uses this advertisement to look for prospective
customers for the services they offer. The advert merely serves to communicate the
contact. Negotiation of conditions and conclusion of the contract takes place directly
between the users |
| 1.7 |
By “advertiser” we mean any user who places a profile on fun6.ch for purposes of publication.
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| 2. |
Minors, Contractual autonomy, Overseas
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| 2.1 |
Use of fun6. is only permitted for natural persons with the authority and capacity to
act as well legal persons. Underage persons, in particular, are excluded from use.
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| 2.2 |
There is no right to use of the services offered on fun6.ch. |
| 2.3 |
The user recognises that he may, under certain circumstances, infringe foreign laws by
using fun6.ch from abroad. It is the user’s responsibility to find out about this.
fun6.ch is not intended for users subject to legislation which forbids publication
of or access to fun6.ch (due to the nationality of the person in question, their
place of residence or other reasons). Users affected by such restrictions are not
permitted to access fun6.ch. |
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| 3. |
Intellectual property rights
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| 3.1 |
This content of fun6.ch is protected by copyright. All copyrights, brands and know-how
on the platform fun6.ch are held exclusively by fun6.ch. fun6 and the associated
logos are registered brands® of fun6 marketing ag. No element of fun6.ch is designed
in such a way that the user has any rights to use an image, a registered brand or
a logo. fun6.ch retains all rights (particularly copyrights and brand rights) with
regard to all elements on fun6.ch, and will take every opportunity to implements
these right in their entirety. |
| 3.2 |
Any further use, in particular re-publication or public sharing of advertisements is
reserved for advertisers alone. |
| 3.3 |
Ownership of the photos, videos and texts supplied by the advertisers remains with the
advertiser. However, the advertiser gives fun6.ch the exclusive rights to use the
data supplied. The data may not be used, taken or copied by third parties. |
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| 4. |
Access to services offered
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| 4.1 |
Technical access to fun6.ch using providers selected by the user, third party software
via the internet and is not the responsibility of fun6.ch. Part of the services offered
is only accessible after prior registration by the user. Registration by the registered
user is via a user ID and a password, with which he already identified himself on
login.
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| 4.2 |
The user bears responsibility for protecting the confidentiality of his user data and
for all activities which take place via his access. |
| 4.3 |
The user is responsible for all risks which may arise due to manipulation of his IT systems,
due to functional faults in his IT system and/or due to improper use of access rights |
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| 5. |
Management and ongoing development of the platform, interruptions to service
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| 5.1 |
Operation and management of fun6.ch are carried out by fun6. The latter is entitled to
sub-contract third parties to fulfil their obligations. |
| 5.2 |
fun6.ch reserves the right to adapt the online offer inline with technical innovations
or to change it due to other circumstances. Such changes may be implemented by fun6
at any time. fun6 endeavours to make the operation of fun6.ch as free from disruption
as possible, and to minimise interruptions for fault resolution, maintenance, or
introduction of new technology or similar. Technical development is solely at the
discretion of fun6. |
| 5.3 |
The online offer is fundamentally available 24 hours a day. However, fun6 cannot guarantee
any minimum availability. fun6 reserves the right to partially or completely cease
the online offer. |
| 5.4 |
In particular in the event of changes, interruptions, cessation of the online offer and
deletion of content, the user has no right to withdraw from the contract and/or reduction
or repayment of payments, or compensation. |
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| 6. |
Responsibility for content of advertisement; User obligations
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| 6.1 |
The user commits to use fun6.ch in accordance with law and the contract. |
| 6.2 |
The advertiser is responsible for the content of his advertisements and for all other
data supplied by him. He also particularly guarantees that he is entitled to use
all data he supplies, such as photos, videos and texts, and theses may be used in
the context of the contractual agreements with fun6. Where the user has not produced
this data himself, the written agreement of the copyright holder must be made available
to fun6 before publication of the advertisement. fun6 supports the owner’s property
rights. Users are requested to notify fun6 of infringements, so the corresponding
profiles may be deleted immediately and the copyright owner can be informed. In other
words: use of FAKE photos in fun6.ch is not permitted! |
| 6.3 |
The advertiser many only offer services which he is entitled to supply, and for which
he has the required authorisation. |
| 6.4 |
He is not permitted to use text and visual images involving sexual activity with children
or animals. |
| 6.5 |
fun6 reserves the right to change the data supplied by the advertiser for technical reasons,
or not to process it in its entirety. |
| 6.6 |
fun6 reserves the right to ask for changes to the contents of advertisements at any time,
or to decline or delete advertisements without justification. In particular the following
will not be published: advertisements which do not contain a definite offer, merely
offers from the user which redirect to other places, or adverts which, in the opinion
of fun6 are illegal or infringe the rights of third parties. |
| 6.7 |
Where there is a suspicion of use of the online offer which is in contravention of the
contract, illegal or indecent, or in the event that an advertisement has caused complaints,
fun6 may, without notice, without giving reason and without any consequential compensation,
delete the associated content, block or delete the account, withdraw from the contract
and cancel the provision of the service without prior notification to the user and
without any consequential compensation. |
| 6.8 |
Excluded uses may only re-register on fun6.ch with the prior agreement of fun6, whether
under their own or an assumed name. For each case of infringement of these regulations,
a contractual fine of 10,000 sft is agreed. |
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| 7. |
User’s liability
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| 7.1 |
The user is liable to fun6, its bodies, employees and agents for all damages caused in
connection with use of fun6.ch, regardless of fault. |
| 7.2 |
Where fun6, its bodies, employees or agents are subject to legal action by third parties
or authorities as a consequence of the behaviour of, or with regard to, the user’s
advertisements, the advertiser is obliged to make all documents and information which
may appear useful available to fun6, when first requested by fun 6, for defence against
the claims asserted. If fun6 is subject to legal action in connection with the data
supplied by the advertiser, the advertiser is obliged to intervene in the action
after a third party notice has been issued. In every case, the advertiser is obliged
to meet all legal and out-of-court costs associated with such third party claims
incurred by fun 6 and to completely indemnify fun6. |
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| 8. |
Guarantee and disclaimer
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| 8.1 |
fun6 is only liable for damages arising from wilful or grossly negligent action by fun6.
Apart from that, any guarantee and liability on the part of fun6, its bodies, employees
and agents is excluded. In particular, fun6 is not liable for indirect damage, consequential
damage such as loss of profits, for damage to the users devices, their data and software,
as well as system and productivity drop out, for damages arising in connection with
use of the access by anyone other than the user named in the registration, as well
as illegal or indecent behaviour of users and third parties. |
| 8.2 |
fun6 is only liable for longer non-availability of websites caused by wilful or grossly
negligent actions, failure of individual or all website functions or malfunctions
of the websites. |
| 8.3 |
The advertiser is completely responsible for the content of the data sent by them to
fun6. fun6 accepts no responsibility for the content of the adverts shown. fun6 is
not obliged to check the adverts and the information published on fun6.ch for accuracy. |
| 8.4 |
If fun6 is not able to meet its contractual obligations, despite all diligence, due to
force majeure, such as natural events, strikes, unforeseen regulatory restrictions,
technical disruptions, which are the responsibility of third parties, the user shall
not be entitled to contract performance for the duration of the event. |
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| 9. |
Data Protection
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| 9.1 |
fun6 is subject to Swiss Federal Data Protection Legislation (DSG) and is therefore obliged
to protect the privacy of its users, and to handle their personal data, in accordance
with the regulations in the DSG. |
| 9.2 |
fun6 only collects data where necessary and handles this data with care. Data is stored
in a secure database environment in Switzerland. The online platform is also hosted
in Switzerland. |
| 9.3 |
fun6 observes the regulations in data protection legislation, but is not able to comprehensively
guarantee the confidentiality, integrity, authenticity and availability of personal
data. The user acknowledges and accepts that personal data may be retrievable in
countries where there is no legislation to guarantee appropriate data protection. |
| 9.4 |
fun6 reserves the right to pass on personal data in the event of misuse of services,
particularly where there is a suspicion of illegal activity, or due to an official
or court request. |
| 9.5 |
fun6 will not sell, lease, give away, publish or in any way make accessible to third
parties the personal data collected or saved. |
| 9.6 |
Advertisers are advised that all users have access to the advertisements shown and the
data transferred by the advertiser or other users. |
| 9.7 |
The advertisers agrees that the advertisements placed by them are not freely available
to third parties. The advertiser particularly forbids thrid parties from copying
advertisements onto other online portals, and gives fun6 the right to legally pursue
any use of advertisements of this kind. |
| 9.8 |
Cookies are used to optimise the website and to help open pages. These cookies are fully
anonymised and do not contain any personal data relating to the user. Cookies are
also use to shoe the user content and advertising in accordance with their interests.
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| 10. |
Final Provisions
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| 10.1 |
fun6 reserves the right to amend these T&C’s at any time. In each case, the current
edition published online applies between the user and fun6. |
| 10.2 |
Amendments and additions to written agreements must be in writing with the agreement
of both parties in order to be valid. This also applies to any waiver of the written
form requirement |
| 10.3 |
If a regulation within an agreement should be invalid or unenforceable, then it shall
only be void to the extent of its unenforceability or invalidity and shall otherwise
be replaced by an enforceable and valid provision economic replacement regulation.
Any omissions in the corresponding agreement should be completed by regulations which
most closely reflect what the parties would have agreed based on the meaning and
purpose of the contract if they had considered it at the relevant point in time when
concluding the corresponding agreement. |
| 10.4 |
The exclusive place of performance and of court of jurisdiction is 6300 Zug, fun6 is,
however, also authorised to assert its rights at the domicile/registered office of
the customer, or before any other competent authorities. |
| 10.5 |
This contract is to Swiss law exclusively, to the exclusion of international conflicts
of law. |
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