The General Terms and Conditions (hereinafter referred to as the "Terms") cover the relationship between customers (hereinafter referred to as the "Customer") and shiftTHINK and apply to a variety of resources, including developer tools, download areas, communication forums and product information (hereinafter referred to as the "Services").
shiftTHINK reserves the right to update the Terms at any time. The most current version of the Terms can be reviewed by clicking on the "General Terms and Conditions" hypertext link located at the top or bottom of our Web pages.
Through its network of Web properties, shiftTHINK provides the Customer with access to the Services, including any updates, enhancements, new features, and/or the addition of any new Web properties.
Unless otherwise specified, the Services are for the personal and non-commercial use of the Customer. The Customer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
The Customer shall ensure that the Services are used lawfully and in accordance with the applicable international and Swiss laws and regulations. The Customer is under an obligation not to use the Services provided for committing or aiding and abetting any punishable offences and to take suitable measures to prevent illegal use by his employees or by members of his household. This in particular applies to matters relating to
It is forbidden to transmit, disseminate and store material or information which violates applicable law or generally excepted regulations. This includes, without limitation, all material protected by intellectual property laws (e.g. copyrights, trademarks, etc.) as well as confidential information for which there is no proof of authorization. Likewise forbidden is the dissemination and storing of contents which are obscene or defamatory, which as such are deemed an illegal danger, or which violate the legal export or import control laws.
The Customer is under an obligation to notify shiftTHINK immediately about deficiencies, malfunctions or interruptions of services, installations or software which have come to his attention, including cases of third party use of the Ser-vices which is illegal or contrary to any agreement (e.g. by hackers). The Cus-tomer is liable for all costs generated by the use of Services made from his connection.
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable the Customer to communicate with others (hereinafter referred to as "Communication Service" and collectively "Communication Services"). The Customer agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, the Customer agrees that when using the Communication Services, he will not:
shiftTHINK has no obligation to monitor the Communication Services. However, shiftTHINK reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. shiftTHINK reserves the right to terminate the Customer's access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
shiftTHINK reserves the right at all times to disclose any information as shiftTHINK deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in shiftTHINK's sole discretion.
Customer shall always use caution when giving out any personally identifiable information about himself/herself or his/her children in any Communication Services. shiftTHINK does not control or endorse the content, messages or information found in any Communication Services (e.g., information that is stored on external servers, private homepages, usenet-news servers, discussion forums, chat-rooms, etc.) and, therefore, shiftTHINK specifically disclaims any liability with regard to the Communication Services and any actions resulting from the Customer's participation in any Communication Services.
The Customer is aware and agrees that his personal data are processed and accessible to shiftTHINK and / or its subsidiaries abroad. Personal data will not be made availably to third parties.
It should be assumed that all information available via shiftTHINK's website is protected by international and Swiss intellectual property law.
The entire contents of the website are protected by international and Swiss copyright law.
shiftTHINK, shiftTHINK, VAC, Value Added Consulting, and/or other shiftTHINK products referenced in the Terms are either registered trademarks or trademarks of shiftTHINK in Switzerland and/or other countries.
For the duration with the relationship with shiftTHINK, shiftTHINK grants the Customer a non-transferable and non-exclusive right to use the Services provided by shiftTHINK in accordance with the Terms. shiftTHINK retains the entitlement to all corresponding intellectual property rights.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
shiftTHINK shall only be liable for damages due to intent or gross negligence. Insofar as legally permissible, shiftTHINK and/or its respective suppliers shall not be liable for any direct indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide Services, or information available from the Services.
If any of the Services requires the Customer to open an account, the Customer must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. The Customer also will choose a password and a user name. The Customer is entirely responsible for maintaining the confidentiality of the password and account. Furthermore, the Customer is entirely responsible for any and all activities that occur under the account. The Customer agrees to notify shiftTHINK immediately of any unauthorized use of the account or any other breach of security. shiftTHINK will not be liable for any loss that the Customer may incur as a result of someone else using the password or account, either with or without the Customer's knowledge. However, the Customer could be held liable for losses incurred by shiftTHINK or another party due to someone else using the account or password. The Customer may not use anyone else's account at any time, without the permission of the account holder.
shiftTHINK does not claim ownership of the materials the Customer provides to shiftTHINK (including images, photographs, pictures, graphic designs, feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (hereinafter referred to as "Submission" and collectively "Submissions"), except where it is clearly stated that any submission will go into ownership of shiftTHINK. However, by posting, uploading, inputting, providing or submitting (hereinafter referred to as "Posting") a Submission the Customer is granting shiftTHINK, its affiliated companies and necessary sublicensees permission to use the Submission in connection with the operation of their Internet businesses, including, without limitation, all shiftTHINK services and the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Submission; to publish the Customer's name in connection with the Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of the Customer's Submission, as provided herein. shiftTHINK is under no obligation to post or use any Submission the Customer may provide and shiftTHINK may remove any Submission at any time in its sole discretion.
By Posting a Submission the Customer warrants and represents that the Customer owns or otherwise controls all of the rights to the Submission as described in the Terms including, without limitation, all the rights necessary for the Customer to provide, post, upload, input or submit the Submissions.
shiftTHINK or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when shiftTHINK's products or marketing strategies might seem similar to unsolicited ideas submitted to shiftTHINK.
Activating certain links on this website may cause the Customer to leave the website. Websites/content of other providers may also be linked to this website by framing, as attachment, etc. shiftTHINK has not reviewed any of the websites linked with or connected to this website, and does not accept any liability for their contents, the offered products or services or any other offers. The prior and expressed permission of shiftTHINK must be obtained for any links connecting the website of another provider to the shiftTHINK website.
This contract is governed by Swiss law. The exclusive court of jurisdiction for all disputes arising from or in connection with this agreement is in Zurich.
Copyright © 2001 shiftTHINK GmbH,Technoparkstr. 1, CH-8005 Zürich, Switzerland. All rights reserved.