General Terms & Conditions

Preamble

 
By logging on to LEVENUES, users accept the following General Terms and Conditions (hereinafter the “GTC”) for using LEVENUES.
 
LEVENUES ooperates LEVENUES services under various top-level domains (levenues.com, levenues.ch etc.), as well as various sub-domains and aliases of these domains. All websites on which LEVENUES provides LEVENUES Services are hereinafter referred to as “ LEVENUES websites.”
 
These GTC shall govern all contract relationships between the user and LEVENUES.
 
The user enters into this agreement on the use of LEVENUES Services with LEVENUES AG, Stansstaderstrasse 90, CH-6370 Stans. Additional contact information, commercial registry data, as well as the name of the authorized representative of LEVENUES AG can be found under “About this site”.
 
The services provided by LEVENUES are intended exclusively for persons of legal age.
 
The user can call up and print out these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all LEVENUES websites.
 
 

1. Subject matter
 

1.1 The LEVENUES websites offer registered users two options: a) a free communication and collaboration forum with basic tools of the content management system (CMS), which will be referred to as “Free Membership” hereinafter, and b) the purchase and the use of communications and management tools, for example creation package, +profiles . The purchase and the use of communications and management tools is hereinafter referred to as “Purchased Infrastructure”.
 
1.2 Details about the applicable fees for the single tools of the Purchased Infrastructure are set forth on the LEVENUES websites under "Products & Prices". The fees listed under " Products & Prices " are binding. Payments for the entire term of Purchased Infrastructure shall be due in advance upon invoicing. Payment can be made by paying an invoice or using the various debiting procedures available (e.g. particular with the credit cards accepted). The period for paying the invoice is 10 days after receipt of the invoice. If  an invoice is not paid within this time period, LEVENUES can disable the acquired infrastructure. LEVENUES may deliver invoices and payment reminders to the user electronically.
 
1.3 LEVENUES reserves all rights to make changes to the fee structure in a one-sided manner. The user shall be notified by any such changes in due course, but at least 3 months before the contractual time span of 12 months has expired. Such notifications of changes will be send either per E-Mail or be shown on the System website. The user may terminate the contract after expiration of the contract term. Until expiration the orginally agreed price applies.
 
1.4 Any use of the services and contents offered on the LEVENUES websites beyond the scope of options provided by LEVENUES requires the prior written consent of LEVENUES.
 
1.5 LEVENUES shall only make data and/or information provided by the user available for other uses provided that this data and/or information does not violate any laws or these GTC. LEVENUES is entitled to remove any illegal or prohibited data and/or information from LEVENUES websites without prior notice to the user.
 
1.6 LEVENUES knows out that it is technically impossible to achieve 100% availability of the LEVENUES websites. LEVENUES shall nonetheless endeavour to keep LEVENUES websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond LEVENUES's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on LEVENUES websites.
 
1.7 LEVENUES merely provides the user with a platform on which to establish contact with other users, and only provides those technical applications that allow users to contact one another. As regards content, LEVENUES does not take part in any communication between users. If users enter into agreements with one another over LEVENUES websites, LEVENUES shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. LEVENUES shall not be held liable if users are unable to contact one another over LEVENUES websites regarding such agreements. Furthermore, LEVENUES shall not be liable for breaches of duty in relation to agreements entered into between users. LEVENUES does not take responsibility for any content of the users created on LEVENUES or externally provided content or for the content of the linked sites which are the responsibility of their own operators or of the creater of the content.
 
1.8 Venue moderators are entitled to choose their members. They may freely choose whether or not a user may join their venue. The rejection of the inclusion of a member is possible without giving reasons. A venue is a micro community (or also called "Business Community).
 
1.9 LEVENUES allows to create profiles not bound to any user („claimable profile"). Furthermore LEVENUES gives the user the opportunity to claim the exclusive right of claimable profile and to use these profiles. To claim a claimable profile requires that the claiming user provides a clear evidence to LEVENUES, that he is the real exclusive beneficial of the profile provided by LEVENUES. The exact coverage of the usage and the fees for the possibilities to claim, work on and use a claimable profile result from the particular product description.
 
Claimable profiles created by LEVENUES are descriptions of persons and organisations based on automatically generated user data resp. user data enriched with automatically generated statistics.
 
1.10 If LEVENUES offers the user the option to book one or more third-party supplementary services (e.g. proofment of identifications, reputation protection, statistical evaluation of datas), the user will enter into separate agreements with the respective third party that have no legal connection to the user's LEVENUES membership. The termination of such third-party supplementary service agreements or any default of performance thereof does not have any impact on the contractual relationship between LEVENUES and the user in terms of the user's LEVENUES membership. The terms and conditions and privacy policies of the respective third parties, who are also the contractual and contact partners of the user, apply to all third-party supplementary services. The user will be informed at time of booking of the additional service of his party and its conditions. 
 
1.11 LEVENUES may mandate subcontractors. LEVENUES will remain responsible for the fulfilment of the obligations taken by LEVENUES when mandating subcontractors. LEVENUES is entitled to transfer rights and obligations, wholly or in part to any third party.
 
1.12 The service, all content of the website and the used software, including documentation, are copyright protected. A usage that exceeds the use described in these terms of use, is not permitted without express written consent of the operator as the owner of these rights.

 

2. Registration, and Representations and Warranties upon Registration
 

2.1 The user must register prior to using any of the services on the LEVENUES websites.
 
2.2 The user warrants and represents that all of the data provided by the user for registration is accurate and complete. The user shall report any changes in the registration data to LEVENUES without undue delay.
 
The user shall not use obscene user names and shall not use pseudonyms or pen names for all his profiles.
 
2.3 The user warrants and represents that he or she is of legal age at the time of registration.
 
2.4 The user shall choose a password upon registration. The user is obliged to keep this password secret. The user is liable for all damages, LEVENUES arising from a culpable breach of the duty of confidentialty. LEVENUES shall not disclose the password to any third party and LEVENUES shall not ask for the user's password at any time.
 
2.5 By completing the registration process, the user consents to enter the agreement to use the services of the LEVENUES websites. LEVENUES accepts this offer by activating the membership for the use of services on LEVENUES websites. The agreement takes effect with the aforementioned acceptance by LEVENUES.
 
2.6 It is technically impossible for LEVENUES to determine with certainty whether any user with his profile registered on LEVENUES is in fact the person or organisation he or she represents to be. Therefore, LEVENUES assumes no liability for the actual identity of a user and his profiles. Each user is solely responsible for checking the actual identity of another user and his profile which he owns.
 
 

3. Obligations of the user
 

3.1 The user is obliged,
 
3.1.1 To provide only true and non-misleading statements in the user account, in the user profiles and in communications with other users, and to refrain from using any obscene user name, pseudonyms or pen names for his profiles.
 
3.1.2 To post on the LEVENUES websites only photographs/logos of his profiles in which the user and/or his organisation can be clearly and plainly recognized. The user warrants and represents that the public display of the photographs and/or logos delivered by the user to the LEVENUES websites are not prohibited. The user shall not upload any photographs or images of any other person or organisation than of the user or his organisation, or of non-existent persons, organisations or other beings (such as animals, imaginary creatures, etc.).
 
3.1.3 To comply with all applicable legislation, morality, and respect all third-party rights. In Particular, the user shall not
use any insulting or defamatory contents, regardless of whether said contents are directed at another user with his profiles or LEVENUES personnel or other companies/organisations,
 
  • use any pornographic or violence-glorifying materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic or violence-glorifying product or products which do not comply with any applicable legislation for the protection of minors,
  • unreasonably annoy (particularly with spam) any other user,
  • use without authorization any contents protected by law (e.g. by personalrights, copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law,
  • use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
     
3.1.4 To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:
 
  • Sending chain letters,
  • Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or
  • Communicating in any insinuating or sexual way (suggestive or explicit).

The user shall indemnify and hold harmless the operator LEVENUES from and against any (and all) claims or legal proceedings arising out of the infringement of these obligations.

3.2 The user is prohibited from the following:
 
  • Employing any mechanisms, software or scripts when using LEVENUES websites. However, the user may use the interfaces or software provided by LEVENUES within the scope of the services available on the LEVENUES websites.
  • Blocking, overwriting, modifying and copying of any contents of the LEVENUES websites, unless said actions are necessary for the proper use of the services on the LEVENUES websites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.
  • Distributing or publicly disclosing the contents of any of the websites of LEVENUES or any other user,
  • Performing any actions which may impair the operability of LEVENUES's infrastructure, particularly actions which may overload said infrastructure.
3.3 Complaints from LEVENUES users can lead to a temporary or permanent deactivation of the access to LEVENUES.
 
 

4. Changes to the services on LEVENUES websites
 

LEVENUES reserves the right to modify the services offered on the LEVENUES websites and/or to offer services different from those offered at the time of the user's registration at any time, unless this is unreasonable for the user.
 
 

5. Term and termination of membership, reimbursement of advance payments
 

5.1 The contract begins on the date of the declaration of acceptance by the operator LEVENUES.
 
5.2 The user may terminate the Free Membership at any time without cause. The user may deliver notice of termination by contacting helpdesk/moderator or by using the contact form available on all LEVENUES websites at any time. The termination notice shall include the user’s registered name and an email address of the user registered on one of the LEVENUES websites.
 
5.3 Purchased Infrastructure shall run for the period selected by the user when purchasing the specific infrastructure based on the accounting process. After this term, the contract with the Purchased Infrastructure will be extended by a term of the same length as the original term, unless terminated in due time by the user or LEVENUES. The user and LEVENUES may each terminate without cause the contract with the Purchased Infrastructure to the end of the initial term chosen by the user in the course of the registration process, or to the end of any renewal period after said minimum term expires. Except from this rule is the Purchased Infrastructure "+profile" which automatically ends after minimum term, whereas the created profiles still will be active. The user may deliver notice of termination at any time using the tab "charges/details" of the workplace. If the contract with the Purchased Infrastructure has been terminated, the user is entitled to use the Purchased Infrastructure until contract is terminated. The provisions of this section 5.3 shall not affect the right of both parties to terminate the agreement for good cause.
 
5.4 A good cause includes particularly the following events:
 
  • If the user fails to comply with any applicable legal provisions;
  • if the user breaches a contractual obligation, in particular an obligation set forth in sections 2 and 3 of these GTC;
  • if the reputation of the services offered on the LEVENUES websites is substantially impaired by the online presence of the user and his profiles (if for example, it is discovered after registration that the user or one of his profiles has been convicted of a criminal offence, and if said conviction is known to other users);
  • if the user delays payment for the use an against payment infrastructure; the user is informend in a warning on the consequences of the termination.
  • if the user promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
  • if the user causes harm to any other user(s) or
  • If the user is a member of a religious sect or a denomination that is controversial in Switzerland.
5.5 In the event of a good cause in accordance with section 5.4 and notwithstanding LEVENUES's right to terminate the contract in accordance with section 5.4, LEVENUES is entitled to:
 
  • Delete the contents and the profiles posted by the user,
  • Issue a warning, 
  • Block the user's access to the services on the LEVENUES websites
5.6 In the following cases, the user shall not be entitled to claim reimbursement of any advance payments:
 
  • if LEVENUES has terminated the contract for good cause pursuant to section 5.4,
  • if LEVENUES has blocked the user’s access in accordance with section 5.5, or
  • if the user has terminated the agreement. However, the user's right to claim reimbursement of any advance payments shall not be excluded in this case if the user has terminated the agreement for a good cause attributable to LEVENUES.
     

6. Responsibility for the user’s profiles, content, data or other information

 
6.1 LEVENUES does not make any warranties or representations regarding any profiles data and/or information provided or made available by any user on any of the LEVENUES websites or on any external websites linked to them. In particular, LEVENUES does not warrant or represent that said profiles, data and/or information is true or accurate, or that it fulfills or serves any particular purpose.
 
6.2 The user may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these GTC (including the use of obscene user names, of pseudonyms or false identities of profiles) using the contact form "Report Abuse" available at all LEVENUES websites.
 

7. Customer service/support
 

Queries regarding agreement with LEVENUES or regarding LEVENUES Services can be sent by the user to LEVENUES using the helpdesk on the LEVENUES websites, or using the contact form, or by sending a fax or letter.
 
 

8. Liability of LEVENUES
 

8.1. Any damage claims against LEVENUES and any liability by LEVENUES are definitive and strictly excluded, unless has been caused with intent or by culpable negligence or by a slightly negligent breach of fundamental contractual obligations. The limitation of liability does not apply to personal injury and to liability under the Product Liability Act.
 
8.2. Liability is particulary excluded in one or all of the following cases:
 
  • for all damages originating from a legal relationship which has been arranged and established with the help of the service;
  • for all damages resulting from an interruption of the service by the website or the internet connections;
  • in all cases of disfunctional running or operations of third-party systems or in data processing centres operated by third-party users to whom the system provides connecting links;
  • for all loss of data, as well as lost, garbled or distorted information; unless it is reffered to in 8.1;
  • for all damage caused by faulty software, hacker attacks or other problems caused by using the internet;
  • for all opportunity profit losses (missed profit chances) and for asset losses and all subsequent damages occuring as a result of using the service, or through exclusion from using the service unless it is reffered to in 8.1;
  • for all and any damages resulting from the wrongful, misleading or not seriously meant enquiries and their corresponding answers or responses or more general, from the communcation with other users; LEVENUES is not responsible for the action of the users of its service.
  • for any damages suffered by the expert caused by misuse or loss of the login-data provided to him by the provider, or also caused by all kinds of changes of login-data, originating and done by the expert himself;
8.3 LEVENUES is in no way responsible and liable for any possible damage caused and done by auxiliary staff.
 
8.4 LEVENUES, furthermore, is not liable for - and cannot guarantee - that the enquiry calls of the advice-seeking persons are really serious.
 
8.5 None of the party is liable to the other for non-compliance of contractual obligations, if due to circumstances over which he has no influence. This particularly applies to cases of force majeure.

 

9. Indemnity
 

9.1 The user shall indemnify and exempt LEVENUES from all actions, including damage claims, asserted by other users or third parties against LEVENUES resulting from an infringement of their rights by the contents posted or by activities by the user (e.g. invitations) on LEVENUES websites. Furthermore, the user shall indemnify and exempt LEVENUES from all actions, including damage claims, asserted by other users or third parties against LEVENUES resulting from an infringement of their rights regarding the use of the services on LEVENUES websites by the user. The user assumes all reasonable costs LEVENUES incurs due to an infringement of third party rights, including all reasonable legal defense costs. All other rights, including damage claims by LEVENUES, are hereby unaffected. The user has the right to prove that LEVENUES incurred lesser charges than claims made.
 
The aforementioned obligations shall not apply to the extent the user is not responsible for the infringement.
 
9.2 In the event the contents posted by the user infringes any rights of any third party, the user shall, at its own expense and at LEVENUES's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the user infringes third-party rights when using the services of LEVENUES websites, the user shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by LEVENUES.

10. Data protection
 

LEVENUES recognizes that any data provided by the user to LEVENUES is extremely important to the user, and LEVENUES shall therefore be particularly sensitive in handling such data. LEVENUES shall comply with all applicable legal provisions regarding data protection. In particular, LEVENUES shall not provide or otherwise disclose any personal data of the user to any third party without authorization. Details on LEVENUES's treatment of the user's data are set forth in the Data Protection Policy of LEVENUES accessible from each of the LEVENUES websites.

 

11. Final provisions
 

11.1 LEVENUES reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the user. LEVENUES shall give due notice of any amendments of these GTC to the user by sending an email  If the user does not object to the applicability of the revised GTC within 4 weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the user. If the user object to the new terms and conditions in a timely manner, both parties have the right to terminate the contract at the earliest possible date. LEVENUES shall inform the user about the user's right to object and of the relevance of the objection deadline in said notice.
 
11.2 Unless otherwise stated in these GTC, the user may submit all notices to LEVENUES sending an email to a moderator of the helpdesk, using the contact form provided on each of the LEVENUES websites, or by letter or fax. LEVENUES may send notices to the user by email, fax or post to the addresses given in the user’s current contact data in his or her user account.
 
11.3 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
 
11.4 Should there be a case when the rules of the GTCB are ineffective or incomplete, then this rule or regulation will automatically be replaced by a rule or legal regulation which comes as close as possible to the ineffective rule.
 
11.5 The parties agree that in the case of differences of opinion and before calling upon a court or judge, any possible effort shall be made to come to a peaceful and amicable conclusion and attempting an agreement. The counter party should always be given the opportunity to come forward with a written statement, clarifying its opinion.
 
11.6 The place of performance under these GTC shall be at the location and residence of LEVENUES.
 
11.7 Place of jurisdiction is at the location and residence of LEVENUES.
 
11.8 These GTC and the contractual relationship shall be governed by Swiss Law.
 
 
Date: March 2014