1. Subject Matter and Conclusion of Contract
1.1. Subject Matter
Scale Network GmbH, Kalchackerhof 11, 3047 Bremgarten b. Bern (CHE-497.785.536) (“Scale Network” or “We“), will use your uploaded white paper, incl. text, photos, graphics, names, location information and figures etc. (“User Content“) for the sole purpose of the analysis of key metrics based on the provided information of the user (“Permitted Use“).
1.2. The conclusion of the Contract
By uploading the User Content you permit Scale Network using your User Content for the Permitted Use. Upon clicking the “I agree to the Terms & Conditions”-checkbox, the contract takes effect and these Terms and Conditions (“Terms“) shall apply.
2. User Content
2.1. Scale Network’s Rights
You grant to Scale Network, its affiliates, and its service providers the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded User Content in any manner to be determined in Scale Network’s and its affiliates’ sole discretion to carry out the Permitted Use. Scale Network and its affiliates may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.
If you do not agree to the collection and use of your personal information in this way, please do not provide Scale Network with personal information. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on Scale Network’s behalf. By providing Scale Network with personal information, you agree to such collection, use, transfer and processing of your information in accordance with these Terms and applicable data protection laws and regulations.
Any content submitted by you can be used at Scale Network’s sole discretion. Scale Network will not pass on any User Content to third parties.
2.2. Your Representation and Warranty
You hereby represent and warrant to Scale Network that (i) you own all rights in and to your User Content, (ii) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (iii) you are not a minor, (iv) you are legally entitled to upload the User Content, and the licensed parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the User Content you submit is non-confidential, and (vi) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive.
You are solely responsible for any User Content that you submit. You are legally liable for the User Content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.
3. No Remuneration
You understand that there will be no financial or other remuneration for any upload and use of your User Content to the Scale Network website.
4. Scale Network’s Intellectual Property Rights
Scale Network’s and its affiliates’ websites and properties contain proprietary information owned by Scale Network and its affiliates, including, but not limited to, text, software, photos, video, graphics and the entire contents of the websites and properties, protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Scale Network.
5. Exclusion of Liability
Claims by you for damages are excluded as far as permitted by law. Neither Scale Network nor its affiliates shall be liable for any unreliabilities, inaccuracies or inauthenticity of the information contained within the User Content or for losses arising therefrom.
With regard to all claims/complaints, demands and damages (present and consequential damages) of any kind or nature, whether known or unknown, arising out of any breach of your information in and with regard to the User Content or from your violation of any laws or rights of third parties, including reasonable attorneys’ fees, you agree to indemnify and hold Scale Network (and our management, directors, agents, subsidiaries, joint ventures, employees and third-party suppliers) harmless.
These Terms constitute the entire agreement between Scale Network and you with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. You agree that if Scale Network does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Scale Network has the benefit of under any applicable law), this will not be taken to be a formal waiver of Scale Network ’s rights and that those rights or remedies will still be available to Scale Network. If any competent court rules that any provision of these Terms are invalid, then that provision will be removed without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
The Terms and your relationship with Scale Network shall be governed by the laws of Switzerland, without regard to its conflict of laws rules. The place of jurisdiction is Berne, Switzerland.
Any notices required or permitted by these Terms must be in writing and in English and shall be deemed effective upon receipt when sent by confirmed e-mail to firstname.lastname@example.org or when delivered by registered or certified mail, postage prepaid to Scale Network GmbH, c/o Jascha Krähenbühl, Kalchackerhof 11, 3047 Bremgarten b. Bern, Switzerland.
Last updated: 8. January 2019.