Scope

This Disclaimer applies to www.dataclub.ch (“website”) and applies to all visitors. By accessing the website, you agree the terms lied out in the Disclaimer then in effect.

This Disclaimer is subject to change at any time and from time to time, without notice. The Data Science and Technology Club (“DSTC”) may add features to or remove features from the website at any time and from time to time in its sole discretion. Continued access to the website following any modification in this Disclaimer will constitute your acceptance of the Disclaimer as modified.

No Warranty

The use of the website is at your own risk. The website, together with all content, information and materials contained therein, is provided "as is" and "as available" ", without any representations or warranties of any kind. Any materials, information or content accessed, downloaded or otherwise obtained through the use of the website is done at your own risk and DSTC is not responsible for any damage to your computer systems or loss of data that results from the download of such material. DSTC expressly disclaimer all representations or warranties of any kind, whether express or implied, with respect to website, and all materials, information, content and functionalities contained herein. Without limiting the foregoing, the DSTC does not warrant the accuracy, timeliness, completeness, security, reliability or availability of the website or the information or results obtained from use of the website, or that the website will be available at all times, or is virus-free or error-free.

No Liability

To the fullest extent permitted by law, in no event shall DSTC, or any of our officials, contractors, service providers or partners have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the website, or any links to third party websites.

You are solely responsible for acquiring and maintaining such electronic devices and equipment that can handle and will allow you to access and use the website and for taking adequate and appropriate data security measures in accordance with good industry practice to protect yourself against fraud or cyber-attacks on a continuous basis (e.g. by using the most recent browser versions, and installing recommended security patches and up-to-date anti-virus programs and firewalls). The DSTC specifically disclaims all liability for any tampering with any user's computer system by unauthorized parties, or for losses or liabilities suffered by any user arising from viruses or attacks by hackers.

In no event will the DSTC, or any of our officials, contractors, service providers or partners be liable for any incidental, special, punitive or consequential damages howsoever caused arising out of the use of the website, its content, or the inability to use the website.

This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

Links

The website may contain third party content or links to third party websites. These content and links are provided solely for your convenience and information. The DSTC has no control over, does not assume any responsibility for and does not make any warranties or representations as to, any third party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness. The DSTC shall have no liability for third party content or websites or websites linking to or framing the website.

Social Bookmarks

The website may contain social bookmarks which are identifiable by means of their respective buttons. Social bookmarks allow users of certain social media platforms to post links to selected web pages on their social media accounts in order to bookmark them or share them with their social media contacts. If you use social bookmarks, you will be sending personal identifying data to the respective social media platform. Any comments or activity made by or carried out by persons using social bookmarks is not controlled, endorsed or monitored by the DSTC and the DSTC shall not be responsible or liable for such.

Intellectual Property Rights

DSTC, or the applicable third party owner, retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the website. Individual pages and/or sections of the website may be printed for personal or internal use only, and provided that such print outs retain all applicable copyright or other proprietary notices. All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way, whether in whole or in part, any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the website for commercial or public purposes, without the prior written permission of the DSTC.

Electronic Communication (email)

The Internet is a universally accessible medium. Ordinary email messages sent over the internet are neither confidential nor secure. They may be easily accessible by third parties and may entail a considerable amount of danger and risk.

The DSTC shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to the DSTC using ordinary email or any other electronic messaging system.

Privacy Statement

The DSTC has established a Privacy Statement, as modified from time to time, which explains how personal data is collected on the website and used. The Privacy Statement is part of this Disclaimer and is incorporated herein by reference.

Severability Clause

If one of the provisions of this Disclaimer is or becomes ineffective or invalid, the validity of the remaining provisions shall remain unaffected. In the event of ineffectiveness or invalidity of a provision, this provision shall, within an expedient period, be replaced by a new provision that comes closest to the purpose of the ineffective provision.

Applicable Law and Place of Jurisdiction

This Disclaimer is subject to material Swiss law. If the law refers to foreign laws, such references shall be ineffective.

The exclusive place of jurisdiction for any and all disputes under or in connection with this Disclaimer and any legal relationships under this Disclaimer is St. Gallen.

 

Last updated in February 2018.