Version 4, 01.11.2017
These Terms and Conditions („T&Cs“) govern the rights and the obligations between Additively, a platform of Additively AG, Technoparkstrasse 1, 8005 Zurich, Switzerland (“Operator”) and the users. These T&Cs are considered as read, understood and accepted, if a user is registered or if Additively is otherwise used. If you do not agree to these T&Cs, please leave Additively.
The Operator can change these T&Cs or its services at any time. Registered users will be informed about changed T&Cs or services via email and will be notified at their next visit of Additively as a registered user. Registered users need to accept the changed T&Cs or services within 14 days after the first login after the changes occurred. Otherwise, they are not able to use Additively as a registered user anymore.
1. Service of Additively
1.1. Additively provides content and information around the topic of new technologies and makes them accessible through several tools and functionalities.
1.2. For registered users, there are further content, information, tools and functionality available.
1.3. The content and information on Additively are mainly not from the Operator, but from third parties.
2. Conditions and obligations of registered users
2.1. Each registered user needs to be able to enter a binding legal contract.
2.2. Each registered user is obliged to enter all information required for the registration truthfully, correctly and completely and to keep its user profile up-to-date. When changes occur, the registered user is required to immediately update this information in its profile.
2.3. Each registered user is responsible for the secrecy of its user name and password for the login on Additively. Each registered user is responsible for all activities performed under its username, except if the Operator are responsible for the disclosure of passwords to third parties.
2.4. Each registered user is obliged to use the content, information, tools and functionalities only for the intended purposes. Forbidden is for instance the use of the content, information, tools and functionalities for the distribution of undesired advertising content (spam).
2.5. Each registered user is obliged to only upload content and information on Additively, which (i) do not violate any domestic or foreign legal regulations, (ii) for which the registered user has the required rights, (iii) which do not violate any protective or personal rights of third parties, (iv) which are not fraudulent or (v) are otherwise not appropriate. Each registered user is responsible for the contributed content and information. In case of violation of this provision, the responsible registered user needs to reimburse the Operator for all cost or damage (including legal fees), which incur as a result of the violation.
2.6. Registered user grant the Operator a non-exclusive and unlimited usage right for all the content and information contributed to Additively through the Operator and its affiliated companies.
3. Property rights
3.1. Additively and content published on it are worldwide protected through copyrights and other rights; they belong either to the Operator or third parties. The content can only be used for the purpose foreseen on Additively. Other usage of the content is prohibited. Especially the duplication and/or publishing of the content is forbidden. Exceptions are only possible with a written permission of the Operator.
4. Limitation of liability
4.1. The content and information on Additively are mainly not provided by the Operator, but by third parties. The Operator does not review this content. Therefore, the Operator cannot guarantee for the validity, correctness, lawfulness, quality or suitability for certain purposes of the content and information on Additively. The liability of the Operator for damage, futile expenses and missed earnings based on such content or the usage therefore is therefore excluded.
4.2. However, the Operator are entitled, in case of indications of violations of domestic or foreign legal regulations or rights of third parties, of breaches of duties of registered user or quality shortcomings, but also at its own discretion without indication of reasons, to review and delete content and information, or to deny registered user the access to Additively. The Operator will comply with the instructions of law enforcement bodies, courts and other institutions, which require, among other things, the disclosure of identity and whereabouts of persons, because legal regulations, third party rights or other obligations of these T&Cs have been violated.
4.3. Even though Additively attempts to keep the website up and running 24 hours a day, the Operator are not liable for the temporary unavailability of Additively, the failure of any of its functions, or the non-display of any content or information.
4.4. Even though the access to the Website is SSL-encrypted to ensure the security of transmitted content, the Operator cannot guarantee the security of any data. Each transmission of data takes place at the registered users own risk.
4.5. Any further liability is excluded to the extent allowed by law.
5. Further provisions
5.1. These T&Cs together with the privacy govern the entire contractual relationship with the Operator in regards to Additively.
5.2. In case a provision or parts of a provision in these T&Cs are found to be invalid, this provision will be replaced through an economically equivalent condition, whereby all other provisions of this T&Cs stay fully valid.
5.3. Messages from Additively to its registered user are considered as delivered, if they are sent to the email address last indicated in the user profile.
6. Applicable law and juristiction
6.1. These T&Cs are subject to Swiss substantive law, to the exclusion of private international law and the Vienna Sales Convention.
6.2. Disputes arising in association with these T&Cs or the usage of Additively shall be subject to the sole jurisdiction of the competent courts in 8005 Zurich, Switzerland