Skip to content

Terms of Use – Translated by DeepL Translator

 

Status: March 08th 2021

 

World Tattoo Day is an internet platform of the Swiss World Tattoo Day-Organization AG in formation (hereinafter the “platform” and the “provider“). The platform serves to foster solidarity among professional colleagues in the body art scene around the globe. The Platform actively promotes body art and invites everyone to celebrate, live and cultivate body art together.

These terms of use govern the rights and obligations of the provider as well as the users of the Platform (hereinafter uniformly the “user“). Supplementary or additional terms and conditions may exist for individual or additional functions and services. The German language version of these terms of use is authoritative. Versions in other languages serve only as non-binding information.

Information on the processing of personal data and the rights of persons whose data is processed in connection with the platform can be found in the privacy policy.

 

1. Use

The provider makes the platform available for viewing. The use of the platform is restricted to natural persons who have unlimited capacity to act and have reached the age of majority, or who act with the consent of such persons, and to legal entities. The use is limited to the intended own use. Users undertake to use the platform exclusively in accordance with the law.

The provider operates the platform with the respective scope of functions and services offered. The use of the platform is generally free of charge. The provider shall provide information about any fees for individual or additional functions and services. The provider may adjust the scope of functions and services at any time or discontinue operation of the platform.

The provider may provide for different categories and roles of users, in particular depending on individual functions and services. Any fees for individual or additional functions and services are due immediately, unless a payment deadline is granted. If payment is not made on time, users are automatically in default without a payment reminder. In case of default, the provider may deny access to the entire platform.

The provider may inform and contact users by mail, email, instant messaging, SMS and other communication channels with notifications and communications related to the platform. Users may object to receiving such notifications and communications at any time (“opt-out”). This does not apply to notifications and communications that are necessary for the use of the platform.

The provider may operate the platform in whole or in part through or together with third parties. The provider may transfer rights and obligations in connection with the platform to such third parties. Such third parties and companies may be located outside of Switzerland.

 

2. License

The provider grants users a non-exclusive, non-transferable, non-assignable, limited license to use the platform in online retrievable form. The license is limited to the purpose or purposes according to the scope of functions and services. The license is limited to the country or countries where the platform is offered. All other rights to the platform remain with the provider.

The provider may permanently or temporarily withdraw this license at any time in the event of a violation of these Terms of Use or in the event of an unlawful use of the platform as well as in the event of a corresponding suspicion.

 

3. Registration

The provider may provide for mandatory registration for the use of the platform or for the use of individual functions and services. The provider may exclusively or additionally use registration services of third parties. The provider may refuse registration at any time – also subsequently – and without stating reasons. Registered users are responsible for all activities related to the platform that occur with their user account.

The provider informs users about the information required to use the platform. Registration with false, fictitious or misleading information is prohibited. The provider may verify information provided by users – also subsequently – or have it verified by third parties.

Registered users are obliged to treat their access data to the platform confidentially and to use it exclusively for their own purposes. Automated access to the platform, for example with bots, scripts or comparable means, is prohibited. The provider may provide interfaces for access to the platform.

The provider may permanently or temporarily deny access to the platform at any time in the event of a violation of these terms of use or in the event of an unlawful use of the platform as well as a corresponding suspicion. The provider can warn affected users at its own discretion, but is not obliged to do so.

 

4. Data

Users expressly consent to the provider processing and publishing their data as well as any content and profiles for the purpose or purposes in accordance with the scope of functions and services in connection with the platform. In addition, the provider may process the data and any content of users for its own security-related, statistical and technical purposes in aggregated, anonymized or pseudonymized form, as long as such processing is necessary for such purposes.

Users who process the personal data of other users and other data subjects within the framework of the platform shall themselves ensure that such processing is carried out exclusively in accordance with the law. This includes, in particular, informing the persons concerned and obtaining any necessary consent for the processing of personal data.

 

5. Contents and behavior of users

The platform follows the principles of freedom and tolerance. Users may only enter or publish legally compliant content on the platform. In particular, users may not collect or publish discriminatory, false, misleading, racist, harmful, criminal or unsafe content. The use of the platform for unsolicited or otherwise unlawful advertising is prohibited.

Users may not enter or publish content on the platform that violates intellectual property rights, personal rights or other rights of third parties, for example images that violate the right to one’s own image or the copyright of third parties. Users must generally assume that the content of the provider, of other users and of third parties is protected by copyright and other laws.

The provider does not have to control the behavior of users on the platform and in particular does not have to check user content for its legality or other permissibility as a precaution. The provider assumes no liability for the content of users.

 

6. Warranty and liability

The provider operates the platform professionally and carefully. The platform may nevertheless be partially or completely unavailable at times, in particular for technical reasons or due to maintenance work. The provider informs about planned maintenance windows in advance, if possible. The provider endeavors to ensure the highest possible availability. However, the provider does not assume any warranty for functions and services as well as for the availability of the platform.

The provider is only liable for direct damages caused by its own gross negligence or intentional acts. Any further liability of the provider for direct damages, especially in case of slight and medium negligence, is explicitly and fully excluded. Any liability of the provider for indirect damages and consequential damages, for claims of other users or possible third parties as well as for loss of profit is expressly and fully excluded. Any liability for auxiliary persons is excluded.

Furthermore, the provider is not liable if the obligations arising from these terms of use are only partially or not completely fulfilled due to force majeure. In particular, fires and lightning strikes, floods and other natural disasters, magnetic storms, unforeseen weather conditions, strikes, attacks and explosions, riots, wars and unrest, epidemics and pandemics, nuclear accidents, the restriction or interruption of power supply and telecommunication services, IT security incidents as well as officially ordered prohibitions are considered as force majeure. The COVID-19 pandemic is considered a force majeure event under this provision.

Users shall be expressly and fully liable to the Provider and any third parties for all direct and indirect costs as well as for damages incurred as a result of violations of these terms of use or as a result of use of the platform that does not comply with the law. This liability applies regardless of fault and also includes indemnification for claims by other users and any third parties. The users concerned shall indemnify the provider against all claims by other users and any third parties and undertake to bear all costs – including lawyers’ fees and court costs – as well as direct and indirect damages incurred by the provider in this connection.

The limitation of liability pursuant to these Terms of Use shall apply irrespective of the respective legal grounds. Any further mandatory liability, in particular for gross negligence or intentional acts as well as according to applicable data protection law, remains reserved.

 

7. Final provisions

The provider may amend these terms of use at any time and without giving reasons. Users will be informed in an appropriate manner about relevant changes to these terms of use, in particular by publishing the adjusted terms of use on the platform.

Should any provision of these terms of use prove to be unenforceable, invalid or ineffective, this shall not affect the enforceability, validity and effectiveness of the remaining provisions. In this case, the parties undertake to replace the unfulfillable, invalid or ineffective provision with a fulfillable, valid or effective provision that comes as close as possible in content and economic terms to the original intention of the parties.

These terms of use are governed exclusively by Swiss law with exclusive place of performance and jurisdiction at the registered office of the provider. The united nations convention on contracts for the international sale of goods shall not apply.