Apex Visionaries GmbH (hereafter referred to as “AV”) maintains a webpage accessible through www.apexvisionaries.com (hereafter referred to as “Website”) and allows use of and access to the Website, subject to the terms and conditions below (“GTC”) and any other outstanding written agreements between you and AV. The terms “you” and “your”, as used in this GTC, refer to all individuals and entities accessing the Website for any reason. This GTC affects your rights, and you should read them carefully.
By consulting or using this Website (including downloading information, data and documents from AV’s Website) you confirm that you have read, understood and accepted the GTC. Furthermore, you agree that AV may modify this GTC at any time and without prior notice. It is your responsibility to check this GTC periodically for changes. By continuing to use the Website, you agree to be bound by this GTC, as modified. If you do not accept the GTC, do not consult or use this Website in any way.
This Website belongs exclusively to AV. All information, data, text, communications, graphics, user interfaces, photographs, trademarks, logos, and computer code contained on the Website (hereafter collectively referred to as, “Materials”) are owned, controlled by AV, and are protected by copyright and by various other intellectual property rights. You may download, print, and view Materials from the Website under this GTC as long as you use the Materials only for non-commercial, personal use and as long as you do not modify or alter the Materials.
As long as you comply with this GTC, AV grants you personal, exclusive, non transferable permission to enter and use the Website. Any unauthorized use of the Website terminates the permission granted by AV to enter and use the Website. No person under the age of 18 may be a member of AV or use the Website. If you choose to access the Website from outside Switzerland, you do so on your own initiative, and you are responsible for complying with applicable local laws.
To access the Website, you must be an AV Member and use a username and password. You represent and warrant that all information you submit on the Website is accurate. If AV has reasonable grounds to believe that the registration information you provided is untrue, inaccurate, incomplete, or outdated, AV may suspend or terminate your use of the Website. AV may disallow the use of any username that AV deems offensive or inappropriate.
You are obliged to keep usernames, passwords, and other identification data secret. You are solely responsible for the disclosure of the identification elements to a third party or for the discovery of these elements by a third party and, if applicable, for their misuse and for losses and damages of any nature whatsoever related thereto. You are aware of your duty to disconnect from the Website before leaving your Internet station. You agree to notify AV immediately of any unauthorized use of your username or password.
Without AV’s express written consent, you may not (a) use any automated means to access the Website or collect any information from the Website (including, without limitation, robots, spiders, scripts, or other automatic devices or programs), or (b) frame the Website, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining Materials, lists of Members, or other information.
You may not use any meta tags or any other “hidden text” utilizing AV’s name, trademarks, or service marks without the express written permission of AV. You may not use any AV logo or other proprietary graphic, trademark, or service mark as part of a link without express written permission from AV. When you use the Website and its Materials for an authorized purpose, you must include all proprietary notices without changing or hiding them. You agree that you will not use the Website in any manner that is inconsistent with applicable law or that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
By being an AV Member, you authorize AV to send electronic mail to you notifying you of changes or additions to the Website or any of AV’s products or services.
Your privacy is important to AV. Please review AV’s Privacy Policy regarding information it collects through your use of the Website, the terms of which are incorporated herein by reference. The Privacy Policy also was created to safeguard member information when it is being stored, transmitted, processed or managed through the use of AV’s Website.
You agree NOT to do any of the following while using the Website:
AV may provide links on the Website to other independent websites and platforms on the internet that are owned and operated by third party vendors or other third parties not under the control of AV. These links are not intended as an endorsement by AV of the entity or individual operating the website and platform or a warranty of any type regarding the website and platform or the information on the website and platform. By using the Website, you acknowledge that AV is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any website or platform. Such websites and platforms may be subject to other terms and conditions for which the responsibility of AV is excluded.
When you post text, files, links, attachments, photos, videos, or other materials or information (hereafter referred as to “Member Content”) to visible areas of such websites or platforms (such as chat areas, message boards, profile pages, or “blogs”), you are granting, or representing that the owner of such Member Content has granted, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable, fully paid up, non-exclusive right under all Intellectual Property Rights to use, copy, reproduce, modify, transmit, distribute, perform, analyze, remove and display such Member Content (in whole or in part) and incorporate such Member Content in other works in any form, media or technology. All material, information, or ideas that you upload, publish, distribute, post, or disseminate on or through such external websites and platforms will be treated as confidential and proprietary.
You are responsible for the consequences of posting Member Content regarding AV or any third party, including other Member(s), and agree to hold AV harmless from any damages suffered or claims asserted by a third party as a result of any comment or information you choose to post or distribute. You may be held legally responsible for damages suffered by other Members, AV, or other third parties as a result of legally actionable or defamatory comments, other comments or information, or Member Content that you post to external websites or platforms. AV is not legally responsible for any comments, information, or other Member Content posted or made available on external websites or platforms by any Member or third party, even if such information or Member Content is defamatory or otherwise legally actionable. AV is not responsible for your or another person’s misuse or misappropriation of Member Content or for your interactions with others on external websites or platforms. AV is also not responsible for and does not monitor or censor Member Content for accuracy or reliability.
AV attempts to provide only accurate information, but some inaccuracies may occasionally be present. By using the Website, you acknowledge that AV will not be liable or responsible for any damage or loss caused by or in connection with the use of or reliance on any information on the Website. If you find any information on the Website to be inaccurate, please alert AV at info@apexvisionaries.com.
AV may suspend or terminate your use of the Website for any reason, including, without limitation, if AV believes that you have violated or acted inconsistently with this GTC. AV may also modify or discontinue providing the Website, or any part thereof, with or without notice. AV is not liable to you or any third party for any termination of your access to the Website, or any modification or termination of the Website.
AV EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AV DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE WEBSITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR BE AVAILABLE CONTINUOUSLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AV OR THROUGH OR FROM THE WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS GTC.
SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
AV EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AV DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE WEBSITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR BE AVAILABLE CONTINUOUSLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AV OR THROUGH OR FROM THE WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS GTC.
SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
You agree to indemnify, defend and hold harmless AV, from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses and liabilities arising from or related to (a) your violation of this GTC, (b) your use of the Website, (c) Member Content that you submit, post to, or transmit through the Website, (d) your access to or use of linked websites and platforms.
All notices and other communications made or to be made pursuant to this GTC shall be given in writing and you agree that all communication AV provides to you electronically satisfy any legal requirement that such communications be in writing.
Every term and provision of the GTC is intended to be severable. If any provision of these GTC is determined by a competent court to be invalid, inoperative, or unenforceable for any reason, the Parties shall negotiate in good faith to modify these GTC so as to affect the original intent of the Parties as closely as possible in an acceptable manner. In the event of one of the provisions of the GTC being void, canceled, or rendered otherwise invalid, the validity of the remaining parts of the GTC shall not be affected or impaired.
The GTC shall be governed by and construed in accordance with the laws of Switzerland without giving effect to the conflict of laws of Switzerland (IPRG) or your actual state or country of residence. Any dispute, controversy or claim arising out of or in relation to the GTC, your relationship with AV, including any non-contractual obligations, will be exclusively subject to the jurisdiction of the courts of Zurich, Switzerland.
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