Version 1, 1. August 2019
These Terms and Conditions of Farming.plus (“T&Cs”) regulate the rights and obligations between Conteo AG, Gasometerstrasse 9, 8005 Zurich (“operator”) and
a) the users (“users”) of a Farming.plus account (“account”); or
b) visitors (without an account) (“visitors”) of the Farming.plus digital meeting place (“digital meeting place”) and event websites affiliated with Farming.plus (“event websites”).
These T&Cs shall be deemed read, understood, and accepted by the user or visitor, once a user creates an account or a visitor visits the digital meeting place or the event websites online.
The operator can amend the T&Cs or its services at any time. Users will be notified about the amended T&Cs or services by e-mail and during their next visit. Users must accept the amended T&Cs or services within 14 days of the first login after the change. Otherwise, they can no longer use features of the account.
1. Offer of the digital meeting place, event websites, and account
1.1. The digital meeting place provides content 365 days a year and enables users and visitors to get information all year round.
1.2. Event websites provide content about an event and enable users and visitors to get information and prepare for attending the event.
1.3. The content in the digital meeting place and on the event websites comes largely from third parties, not the operator. The operator does not check this content.
1.4. Users can create an account in the digital meeting place and on event websites free of charge. If they have an account, they have additional content and functions available to them. These functions include the option for users to present their content in the digital meeting point and on event websites. The account can be used in the digital meeting place and on event websites.
2. Requirements and user’s obligations
2.1. Each user or visitor must have the capacity to enter into binding contracts.
2.2. Each user has to confirm that he/she entered all the information required for registration truthfully, correctly and completely. In case of changes, the user is obliged to change this information immediately.
2.3. Each user is responsible for keeping his/her username and password secret, along with any other security features for logging in to the account. The user is responsible for all activities using his/her account.
2.4. Each user and visitor is obliged to use the content and functions only for the intended purposes.
2.5. Each user is responsible for the content uploaded by him/her. Each user is obliged and guarantees to the operator that he/she will only resent content in the digital meeting place and on the event websites that: (i) does not violate domestic or foreign legal regulations; (ii) does not violate contractual obligations (e.g. confidentiality); (iii) is not inappropriate or indecent; (iv) the user has the rights to and does not violate any proprietary rights or personality rights of third parties; (v) the user has the necessary consent for from the person involved, in accordance with the applicable data privacy laws. In the event of a violation of the regulations in Section 2, the user responsible indemnifies and holds the operator harmless in full scope for all costs and damages (including attorney's fees).
3. Property rights and usage rights
3.1. The digital meeting place, the event websites, and the content shown therein is protected by copyrights and other proprietary rights worldwide; they belong either the operator or to third parties. The content, the digital meeting place, and the event websites may only be used for their intended purpose. Any other use of the content is prohibited. In particular, copying and making available to third parties is prohibited. Exceptions are possible only with the operator’s written permission.
3.2 Users (or licensors) remain the owners of the content presented in the digital meeting place and on the event websites. Users grant the operator and its affiliated companies a non-exclusive, transferable, indefinite, gratuitous, worldwide right of use to the presented content for use in the digital meeting place and on event websites, as well as outside these websites.
4.1. Although the operator normally tries to maintain the operation of the digital meeting place and the event websites 24 hours a day, the digital meeting place and the event websites are provided “as is,” without guarantee. In particular, the operator does not guarantee long-term and uninterrupted operation or error-free functioning of the digital meeting place and the event websites (e.g. loss of functions or non-display of content), marketability or non-breach of third-party rights.
4.2. The content provided in the digital meeting place and on the event websites comes largely from third parties, not the operator. The operator does not check this content. Therefore, the operator cannot assume any guarantee for content, up-to-dateness, accuracy, legality, quality, or suitability for specific purposes of the content made available and presented. Responsibility for the content is borne solely by the sender shown for the corresponding content, who presents it.
4.3. However, the operator has the right to check the content in case of signs of violation of domestic or foreign legal regulations or third-party rights, signs of breaches of duty or quality defects, but also at its own discretion without providing any reasons, and to delete the content at its discretion without further inquiry or to block users’ access. The operator can also comply with instructions of law enforcement authorities, courts or other authorities, if it is credibly asserted that legal regulations, third-party rights or other provisions of these T&Cs have been violated.
4.4. Although website access is SSL-encrypted to protect the transmitted content and data, the operator cannot assume any guarantee for the security of content and data. Each transmission of content and data takes place at the user’s own risk.
5.1. Any liability of the operator arising from or in connection with the contractual relationship with users is excluded to the extent permitted by law.
6.1. Users can have their account deleted at any time email@example.com.
6.2. In the event of gross breaches of contract, the operator reserves the right to cancel and delete the account.
7. Miscellaneous Provisions
7.2. If a provision or a part of a provision of these T&Cs is found to be invalid, this provision shall be replaced by an economically equivalent provision, but the remaining provisions of these T&Cs shall remain valid in full scope.
7.3. Operator’s notifications to users shall be deemed delivered effectively, if they are sent to the last indicated e-mail address.
8. Applicable law and place of jurisdiction
8.1. These T&Cs are subject to the substantive law of Switzerland, with the exclusion of international commercial law and the United Nations Convention on Contracts for the International Sale of Goods.
8.2. Disputes arising from or in connection with these T&Cs or the use of the account, the digital meeting place, or the event websites are subject to the exclusive jurisdiction of the common courts of the city of Zurich, Switzerland.