ACCEPTANCE OF TERMS
Maxmakers AG and its affiliates (“Maxmakers”, “we”, “our”, “us”) provide this website and all related content and services (collectively, the “Site”) to visitors and users (“you”), subject to your compliance with the terms and conditions set forth in the following terms and conditions (“Terms”). By accessing, downloading content from, submitting materials to or through, using services on or through, browsing or otherwise using the Site (“Use”), you agree, without limitation or qualification, to be bound by these Terms, which may be updated by us from time to time without notice to you. If you do not agree to these Terms, please do not use the Site.
Any information provided on the Site (“Content”) is for general information purposes only. We do not guarantee the suitability, accuracy, or reliability of any of the Content. You bear the sole risk and responsibility for your Use of the Site and the Content, and for any decisions or arrangements you make or refrain from making as a result thereof.
We reserve the right at any time to add to, modify or otherwise change the Site, including without limitation eliminating or discontinuing any content or service provided on, or feature of, the Site; or charge for, or change the amount(s) of any fees or charges for, products or services offered for sale or otherwise made available on the Site.
Descriptions, images or listings of, or links or references to, products, services or third party providers on the Site (“References”) do not imply Maxmakers’ endorsement of such products, services or third party providers. We reserve the right, without prior notification, to change any such References.
We collect non-personal statistical data about the domains through which people have arrived at your website, and we analyze this to identify changing trends in visitor traffic. There is nothing in this data which can be used to personally identify a visitor to our website.
While your visit to maxmakers.com can, and should, be as anonymous as you wish, some of our pages may use “cookies” to gather visitor information. Cookies are a means by which websites can recognise return visitors, and can contain personally identifiable information. If you have any concerns about cookies, please set your browser preferences to notify you when a cookie is sent to you. Doing so then gives you the option of accepting or rejecting the cookie.
There are pages within our website where we ask for personal information from you. It is our policy to inform you before any information is collected. Further, you should always be given the option not to provide the information. However, should you choose not to provide the information we requested, certain pages or sections of the website may not be accessible to you.
SUBMISSION OF MATERIALS
In relation to your Use of the Site, you may send, transmit or provide to us information or materials (collectively, “Materials”). Except for those Materials that constitute Confidential Submissions, none of the Materials shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
We do not accept any responsibility for any such Material (whether marked confidential or not), and we do not agree to confidentiality obligations with respect to such Material. By sending or transmitting such Material, you acknowledge that you bear the sole risk and responsibility for any unauthorised interception, interruption, breach of security, network failure and all other risks and liabilities in connection with your sending or transmission of such submissions.
Without limiting the foregoing, we maintain the right, in our sole discretion, to edit, alter or remove any such Materials, and to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect ourselves, our sponsors, our users and visitors, and to comply with legal obligations or governmental requests.
CODE OF CONDUCT
While Using the Site you agree not to:
- Restrict, inhibit or otherwise interfere with the Use by any other visitor or user of the Site (including without limitation any interference by means of “hacking” or defacing any portion of the Site); • Violate any applicable laws, rules and regulations • Express or imply that any Content or Materials (as defined below) you make, submit or post are endorsed by us;
- Upload, submit or transmit (a) any Content or Materials that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the express authorisation to do so; (c) any trade secret or proprietary information of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in “spamming” or “flooding”;
- Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sublicense, translate, sell, lease, reverse engineer, decompile or disassemble any portion of the Site (or offer to do any of the above);
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
- Except in the case of proxy servers, it is not permissible to “Frame” or “mirror” any part of the Site without prior written authorisation from Maxmakers;
- Use, with malicious intent, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content; or
- Harvest, collect or use information about visitors to or users of the Site without their express consent.
- Republish, modify, upload, post, transmit or distribute any Content from the Site in any way (including without limitation to any other website) without our prior written permission.
We make no representation that the Site or its Content are appropriate or available for use in all countries or locations. We reserve the right to limit the availability of the Site and/or the provision of any service, information or product thereon to any person, geographic area, or jurisdiction we so desire, at any time and at our sole discretion, and to limit the quantities of any such service, information or product that we provide.
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or terminate or suspend your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all information and materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
LINKS TO OTHER WEBSITES
The Site may contain links to other websites or resources. We neither control nor endorse such other websites or resources, nor have we reviewed any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or otherwise for the nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content, advertising, products, services or information.
The Site, the Content, and any product or service obtained on or through the Site are provided “as is”, “as available”, and without warranty of any kind, either express or implied. To the fullest extent permissible under applicable law, Maxmakers disclaims all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Without limiting the foregoing, Maxmakers does not warrant that your use of the site will be uninterrupted, error-free, or secure, that any information obtained herein is accurate, reliable or complete, that defects will be corrected, or that any software, the site or the server(s) on which it is hosted are free of viruses or other harmful components. No representation or warranty is made as to any opinion, advice, or statement of Maxmakers or other Users, whether made on the site or otherwise. Your use of the Site and any Materials provided on or through the site are entirely at your own risk.
A possibility exists that the Site could include inaccuracies or errors, or materials which violate these Terms. A possibility also exists that unauthorised alterations may be made by third parties to the Site. While we attempt to ensure the integrity of the Site, we cannot and do not guarantee the Site’s completeness or correctness. In the event that you detect any such inaccuracies, errors or incomplete content, please contact us with (if possible) a description of the material to be checked, its location on the Site and sufficient information to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
LIMITATION OF LIABILITY
Neither Maxmakers nor its suppliers, advertisers, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other legal theory arising out of or relating in any way to the site and/or content contained on the Site, or any information, product or service purchased or obtained through the Site. Your sole remedy for dissatisfaction with the Site, or any such content, information, product or service is to stop using the Site. The maximum liability of Maxmakers for all damages, losses, and causes of action shall be the total amount paid by you, if any, to access the site.
You agree to indemnify, defend and hold us, our officers, directors, employees, affiliates, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including without limitation any violation of the Code of Conduct above; (b) any allegation that any Materials you provide infringe or otherwise violate the copyright, trademark, patent, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
This Agreement shall be governed by and construed in accordance with the laws of the Canton of Zurich, Switzerland, without regard to its principles of conflicts of law. You agree to personal jurisdiction by the courts of competent jurisdiction located in Zurich, Switzerland, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This is the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral representations, communications or agreements between us.