The provisions of this legal notice (“Legal Notice”) apply to the entire contents of this website under the domain name www.donabertarelli.com (the “Website”). Please read the following terms carefully before using this Website. By using this Website you acknowledge and accept these terms and conditions. If you do not accept these terms and conditions, do not use this Website.
1. Introduction
1. This Legal Notice is issued by Details SA.
2. By accessing any part of this Website, you shall be deemed to have acknowledged and accepted this Legal Notice in full. If you do not acknowledge and accept this Legal Notice in full, you must leave this Website immediately and not use any information contained in it for any purpose.
3. Details SA may revise any provision or the whole of this Legal Notice at any time by updating this posting and without further notice to you. Your continued use of this Website shall signify your agreement with and understanding of any revisions. You should check this Website from time to time to review the then current Legal Notice as its provisions are binding on you. Certain provisions of this Legal Notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2. License
1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Ledunfly SA, its affiliates and/or its licensors. Nothing in this Website is designed to grant any license or right to use any image, trademark or logo. For the purposes of this Legal Notice, any use of extracts from this Website other than in accordance with paragraph 2.2 below for any purpose is prohibited. If you breach any of the terms in this Legal Notice, your permission to use this Website automatically terminates and you agree to immediately destroy any downloaded or printed extracts from this Website.
2. You are permitted to print and download extracts from this Website for your own personal and non-commercial use on the following basis:
• 1. no documents or related graphics on this Website are modified in any way;
• 2. no graphics on this Website are used separately from accompanying text; and
• 3. all copyright and trade mark notices and this permission notice appear in all copies.
3. Subject to paragraph 2.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Detail SA’s prior written permission.
4. You may link to the home page of this Website as long as the link does not cast Details SA or any of its affiliates in a false or misleading light or suggest or imply that you own or are the author of content on the Website or that you have any kind of relationship with Details SA or any of its affiliates.
5. Any rights not expressly granted in this Legal Notice are reserved.
3. Service access
1. Neither Details SA nor any of its affiliates shall be liable if for any reason all or any portion of this Website is unavailable or malfunctions at any time or for any period.
2. Access to this Website may be suspended without notice in the case of system failure, maintenance or repair or at any other time in Details SA or any of its affiliates’ absolute discretion.
4. Visitor material and conduct
1. You are prohibited from posting or transmitting to or from this Website any material:
• 1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
• 2. for which you have not obtained all necessary licences and/or approvals; or
• 3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
• 4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
2. You may not use the Website in any manner or for any purpose except as expressly provided herein (including, without limitation, by hacking or any conduct that would violate any applicable law, regulation or statute).
3. Details SA shall fully co-operate with any law enforcement authorities or court order requesting or directing Details SA to disclose the identity or locate anyone posting any material in breach of paragraph 4.1 or 4.2.
5. Links to other websites
1. Any links to third party websites (including, without limitation, websites of any of Details SA’s affiliates) on this Website are provided solely for your convenience. If you use these links, you leave this Website. Details SA has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Details SA therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
6. Submissions
1. Details SA and its affiliates generally do not accept unsolicited requests, proposals, business plans, applications, ideas, suggestions or other materials (collectively, “submissions”).
2. In the event that any submissions are submitted or offered to us, using the site or otherwise, such submissions (i) will not be treated as confidential and (ii) will become and remain Details SA’s sole property, unless otherwise agreed in writing and duly signed by Details SA and/or any of its affiliates.
3. Details SA and its affiliates will have the right to freely use, disclose, modify, copy, reproduce, publish, transmit, display, sublicense, translate, create derivative works from and distribute any submissions in any medium and via any distribution, transmission or display method for any purpose whatsoever, commercial or otherwise. Neither Details SA nor any of its affiliates will owe you or any person compensation for any submissions. Whether Details SA or its affiliates will use any submissions is entirely at their sole discretion.
7. Disclaimer
1. Whilst Details SA uses commercially reasonable efforts to post information on this Website that is correct, Details SA does not warrant the accuracy or completeness of the material on this Website. Details SA may make changes to the material on this Website at any time without notice. The material on this Website may contain typographical or other errors or may be out of date. Details SA makes no commitment to update such material.
2. THE MATERIAL ON THIS WEBSITE IS PROVIDED “AS IS”, WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DETAILS SA PROVIDES YOU WITH THIS WEBSITE ON THE BASIS THAT DETAILS SA AND ITS AFFILIATES EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH BUT FOR THIS LEGAL NOTICE MIGHT HAVE EFFECT IN RELATION TO THIS WEBSITE.
8. Liability
1. DETAILS SA, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THIS WEBSITE) AND EACH OF DETAILS SA’S AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY IN CONNECTION WITH THIS WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE.
2. NOTHING IN THIS LEGAL NOTICE SHALL EXCLUDE OR LIMIT ANY PERSON’S LIABILITY FOR:
• 1. DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY APPLICABLE LAWS);
• 2. FRAUD OR FRAUDULENT STATEMENTS; OR
• 3. ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
3. IF YOUR USE OF MATERIAL ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS OF ANY SERVICING, REPAIR OR CORRECTION.
9. Indemnity
1. You agree to indemnify and keep indemnified and covenant to hold harmless Details SA and its affiliates against any cost, loss, liability, including present and future damages, claim or expense (including legal and other professional fees) incurred by Details SA or any of its affiliates in connection with or arising out of: (i) your use of this Website; (ii) your breach of any terms or conditions contained in this Legal Notice or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights.
10. Governing law and jurisdiction
1. This Legal Notice and your use of the Website shall be governed and construed in accordance with the laws of Switzerland. Disputes arising in connection with any provision of this Legal Notice or your use of the Website shall be subject to the exclusive competence of the Tribunal d’arrondissement de la Côte, in Nyon, Switzerland. Appeal to the Swiss Supreme Court is reserved.