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MUUME AG ("MUUME”) is a Swiss corporation headquartered in Cham / Zug, Switzerland and offers information and services on its websites.

By visiting one of the websites associated with MUUME (such as, but not limited to www.muume.com) (“websites”), the user declares acceptance of these terms. 

 

1 Relationship to Other Agreements

These terms of use regulate the use of the websites. Other contracts or agreements concluded by the user with MUUME regarding the use of certain functions of the websites or the utilization of certain services take priority if their content contradicts that of these terms of use.

 

2 Data Protection

By using the MUUME services, the user declares agreement with the privacy policy conditions.

 

3 Service Description of the Website

The websites are purely informative in nature and are intended to inform the user about MUUME and its services. These services are not accessible to the user until the user has successfully registered and accepted the MUUME GTC and is in the login area.

 

4 Intellectual Property

All rights to the MUUME website and its contents (e.g., domains, designs, images, product names, texts, logos, software), including any intellectual property rights (authors, design brands or patent rights), exclusively belong MUUME or its licensors. The user acknowledges and accepts that it is granted a license to use such content only for the purposes and within the scope of the contract concluded with MUUME.

In particular, users may not sell, copy, transmit, distribute, modify, change, imitate or exploit MUUME content in a manner not expressly authorized by these terms of use or as a result of the proper and permitted use of the platform.

The representation of this website in external frames is only permitted with written permission.

Any use beyond the aforementioned purpose is only permitted with the express prior written consent of MUUME.

 

5 Prohibited Use

The platform users must be at least 18 years of age and fully contractually capable or capable acting with the assistance of a parent or legal guardian.

The platform may only be used for the purposes for which it is intended. The following actions in particular are not permitted:

·       Using the platform in abusive, fraudulent, illegal or inappropriate ways or for any other purpose unrelated to the services of MUUME

·       Reconstructing or decompilating of parts of the platform

·       Copying, collecting, duplicating and distributing the content or information provided on the platform

·       Extracting, copying, distributing, publishing, modifying, transmitting or using personal information collected through the platform for purposes other than those associated with the lawful use of the platform, especially if it violates applicable data protection laws

·       Abusing the platform in a way that imposes an undue burden on the infrastructure or provokes its malfunction

·       Violations or attempts to breach security measures that are carried out in the MUUME platform and in a service provided through the platform

·       Creating incorrect, duplicate or misleading accounts

·       Using the platform to promote one’s own products or services

·       Activities on the platform that support direct competitors of MUUME.

If there is suspicion that the prohibited use in the aforementioned sense is occurring, MUUME can, at its own discretion, block or delete user accounts without prior notification. MUUME reserves the right to demand the full extent of damages caused by this prohibited use.

 

6 Liability

MUUME strives to ensure the proper operation of the MUUME systems at all times. However, due to force majeure, or at least unforeseen and unforeseeable events that in any case are independent of the will and beyond the control of the provider, there may be interruptions in the accessibility of the services offered. MUUME therefore cannot guarantee the uninterrupted accessibility of the services offered.

6.2 The provider does not expressly guarantee that the services offered will coincide with the specific goals pursued by the individual user.

6.3 Claims of the user for damages are excluded. This does not apply to claims for damages of the user resulting from injury to life, limb, health or material breach of contract (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty on the part of MUUME, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. A "cardinal duty" or "essential contractual obligations" are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly trusts and relies.

6.4 In the event of a breach of essential contractual obligations, MUUME shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns user claims for damages resulting from injury to life, limb or health.

6.5 The limitations of paragraphs 6.3 and 6.4 shall also apply in favor of the legal representatives and vicarious agents of MUUME, if claims are asserted directly against them.

 

7 Compensation

The user shall indemnify MUUME of claims made by third parties due to an inappropriate, abusive or other violating use of the platform, including all damages and costs MUUME incurs in conjunction with such claims of third parties.

 

8 Changes to the Terms of Use

MUUME reserves the right to change these terms of use at any time with future effect.

MUUME will notify the user of the changes at least eight weeks before they become effective. The changes are considered accepted if the user does not object within this time after receiving the notice. MUUME shall inform the user of this legal consequence on the website. MUUME shall inform the user separately in the notification containing the changed conditions of the significance of this period, the right of objection and the legal consequences of not responding in any form. If the user objects to the changes in the terms of use, both parties are entitled to terminate the contractual relationship when the changes take effect.

9 Severability Clause

Should individual provisions of these terms of use be wholly or partially invalid of unenforceable or should their validity or enforceability be lost after the conclusion of the contract, this shall not affect the remaining validity of these terms of use.

An effective and enforceable regulation should take the place of the ineffective or unenforceable provision that comes closest to the economic objective in effect that the contractual parties intended with the ineffective or unenforceable provision. The above provisions shall apply accordingly in the event that these terms of use prove to be incomplete.