Nutzungsbedingungen

Welcome to Buzz Factory Ltd.

Thank you for your interest in our website and our company.

This page (together with the documents referred to) informs you of the terms and conditions by which you can use our website www.buzzfactory.ch whether as a guest or a registered user.

Disclaimer

Buzz Factory Ltd. (hereinafter “Buzz Factory”) has published this website “www.buzzfactory.ch” (hereinafter the “Website”), to supply up-to-date information about Buzz Factory companies (hereinafter the “Buzz Factory”) both for its employees worldwide and for businesses and consumers interested in finding out more about Buzz Factory and its achievements.

By using this Website, you agree to comply with the general terms and conditions of access and use described in detail below (“General Terms and Conditions”) and the laws applicable in Switzerland to online communications.

Legal Information

Web Editor | This Website is published by:

Buzz Factory Ltd.

CP186, 1800-Vevey, Switzerland

Registered: CHE-394.301.864

Legal representative and publishing director

CEO – Erika Pfaffen

Person in charge of the Website and content:

Account Manager – Ana Balteanu

GENERAL TERMS & CONDITIONS OF USE OF THE WEBSITE

This page was last updated on 03 August 2019.

All users of the website available notably at buzzfactory.ch (hereinafter referred to as the “Website”) are subject to the following General Terms and Conditions of Use (hereinafter referred to as the “GTCU”) , which may be supplemented by special terms and conditions in the case of certain services.

The company Buzz Factory Ltd.. (hereinafter referred to as “Buzz Factory”) reserves the right to change and update the terms and conditions of access to the Website at any time as well as the GTCU. To keep up with such modifications and updates, users are required to refer to this section on a regular basis to check the currently applicable GTCU. By continuing to access the Website, users will be deemed to have accepted these changes.

Buzz Factory reserves the right to change or delete all or part of the Website without prior notice and without informing internet users thereof in advance.

1. Intellectual property rights

This Website is for your personal and non-commercial use.

All components of this Website, including text (e.g. articles, press releases, presentations, brochures, illustrations), photographs, videos, sounds, data, logos, trademarks, name, software programs, animation etc., are protected by any rights (including copyright) held by Buzz Factory, the Buzz Factory Agency or its third-party partners.

In general terms, Buzz Factory grants you a free, personal, non-exclusive and non-transferable right to access and navigate on the Website, subject to your acceptance and respect of the GTCU. All other rights are expressly excluded without our prior written consent.

1.1 Copyrights and/or Rights to Designs and Models concerning the works and documents reproduced on the Website:

All reproductions, whether hard copies or soft copies, of the Website and of the works and models reproduced therein are allowed provided said reproductions are reserved for strictly personal use. Save as provided for by the foregoing paragraph, any reproduction, performance, use or modification, by any process and on any data carrier, of all or part of the Website and the various works and models contained therein without the prior consent of Buzz Factory constitutes a copyright infringement strictly prohibited by law.

The foregoing obligations do not apply to journalists or press publishers, for whom Buzz Factory makes available iconographic documents and press releases that may be freely viewed, reproduced and displayed to illustrate their articles and press publications. Such materials are available in the “Homepage” and “Blog” section of the Website.

1.2 Rights concerning trademarks

All names, trade names, trademarks and signs of any nature (such as logotypes or figurative marks), including the names of the goods and services mentioned or reproduced on any kind of advertising document published on this Website by Buzz Factory shall remain the property of Buzz Factory or Buzz Factory Agency or of the advertiser clients of Buzz Factory. Any use, reproduction, performance or imitation thereof, even partial, by internet users is prohibited without prior authorisation from the owners. Any violation of the foregoing obligation constitutes a trademark infringement punishable by law.

Moreover, the name “Buzz Factory Ltd.” and or “Buzz Factory Agency” and or “Buzz Factory”, as well as the names, logotypes and trade names of the companies of the Buzz Factory and or Buzz Factory Agency companies are registered trademarks protected in each of the countries in which the relevant companies are set up. Any reproduction, performance or imitation thereof, even partial, is therefore prohibited without prior written authorisation from Buzz Factory and/or from its affiliated companies. that own said trademarks. Any violation of the foregoing obligation constitutes a trademark infringement punishable by law.

1.3 Intellectual property rights concerning creations proposed by Website users who are employees of Buzz Factory

Buzz Factory may publish on this Website creative briefs inviting users of this Website who are employees of the Buzz Factory Agency companies to propose original, hitherto unpublished creations (hereafter the “Creations”). By registering on this Website with Buzz Factory’s global marketing team and proposing Creations, whether in response to briefs published by Buzz Factory or on their own initiative without any brief, Buzz Factory employees (hereinafter the “Authors”) shall progressively assign to Buzz Factory all intellectual property rights to the Creations of which they are the Authors as they send said Creations to the Website. This assignment includes, in particular, the right to reproduce using any processes and on any media known or as yet unknown, the right to communicate to the public by all means, via all media and communication networks known or as yet unknown, the right to modify, to adapt, to translate and to locate, the right to promote, to distribute, to market, to sale, to rent and to licensee, free of charge or for valuable consideration and the right to operate in any form, by any process, on any medium, using all methods, all media and communication networks known or as yet unknown, free of charge or for valuable consideration, and whatever the intended use. These intellectual property rights in the Creations are assigned to the whole world and for the full period of copyright protection in Switzerland and abroad under the Swiss Intellectual Property Code and international copyright conventions. This assignment is made under the legal warranty of non-infringement and undisturbed enjoyment. The consideration for this assignment is included in the remuneration paid to the Authors pursuant to their employment agreement.

Such assignment shall allow Buzz Factory to reproduce, perform and adapt the Creations (images and/or texts) in any format, on any data carriers and via any media, whether known or presently unknown, anywhere in the world, for any Buzz Factory entities or clients and in any communication campaign disseminated by any means whatsoever.

In the event that the intellectual property rights (notably copyrights and similar rights, particularly rights to trademarks, designs and models) are related to preliminary versions and are not the property of the Author of the Creations, the Authors hereby agree to specify the source of the borrowed or adapted works in a note appended to the submitted Creation. The Authors shall mention the name of the author(s) of the first work incorporated into their Creation (e.g., the name of the composer of a musical work) and, if possible, the year of original publication of said work. In that way, if Buzz Factory wishes to produce the Creations for the purposes of one of its advertiser Clients as indicated in the previous paragraph, Buzz Factory may negotiate beforehand with the rights-holders in question in order to obtain the authorizations and assignments of rights necessary for unchallenged exploitation of the Creations.

The above-mentioned assignment of rights shall be granted exclusively to Buzz Factory and shall remain valid even in case of the termination, for any reason, of the employment contract or contract for services between the Authors and the Buzz Factory. Consequently, the participants agree to refrain from granting any rights of the same kind to third parties.

2. Images | Exploitation rights & Personality Rights

Models, performing artists and, more generally, any person portrayed in the photos and advertising films published on this Website have authorised the use of their image(s) in the campaigns produced for the advertiser clients of Buzz Factory Agency.

3. Prohibition against publishing illicit content

Website’s users, particularly those who post their contents in response to the creative briefs published by Buzz Factory or those who participate in a discussion forum opened by Buzz Factory shall refrain from publishing any content whatsoever that provides justifications for crimes against humanity; is homophobic, insulting, degrading, libelous, slanderous, disrespectful; incites racial hatred or violence; constitutes child pornography; violates human dignity or any other illicit content (for examples, pornographic content, political, religious or ideological propaganda; intellectual property infringement; violation of secrecy of correspondence; reputation and third-party’s private life infringement). Buzz Factory may suspend without warning, explanation or formal notice the publication of the illicit content upon receipt of a notification of this illicit content.

To report illicit content, as defined above, to Buzz Factory , users are invited to send an e-mail to info@buzzfactory.ch and to send a confirmation by registered letter with return receipt requested to the following address:Buzz Factory Ltd., CP186, 1800-Vevey, Switzerland.

Furthermore, users agree to be solely responsible for their content and legality and hereby release Buzz Factory of any liability for damages that third parties may claim in this respect.

4. Warranties and liability limitations

Users hereby declare that their possess the skills, hardware and software required to use the Internet, that they are aware of and understand the features of the Internet and of its use, in particular, the limitations associated with technical performance, response times and risks related to security of communications. Therefore, Buzz Factory does not guarantee that the Website and its services will be free from anomalies, errors or bugs, or that they will function without failure or interruption. In this respect, Buzz Factory reserves the right to freely determine any period of unavailability of the Website or of any of their sections, for technical reasons, to improve their content or optimize their use.

Buzz Factory shall not be held liable for any direct or indirect damage of any kind resulting from the use of the Website, in particular from the limitations associated with technical performance, response times and risks related to security of communications, as well as fraudulent third-party intrusions.

Generally, Buzz Factory cannot be held liable for any prejudice or damage of any kind resulting from the use of the Website.

Lastly, Buzz Factory may not be held liable for any connection costs and, more generally, for any communication costs resulting from the access to and use of the Website.

5. Hyperlinks

It is prohibited to insert a hyperlink to this Website without prior written authorisation from Buzz Factory. If you wish to insert a hyperlink to the Website, you should enter into contact with info@buzzfactory.ch.

6. Links from our Website

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Buzz Factory has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damages that may arise from the use of such links.

7. Website content

Buzz Factory and affiliate companies, as well as the web hosting service and, more generally, every company contributing to the designing, implementation and online publishing of this Website make every effort to ensure the accuracy and regular updating of the information broadcast on this Website. Buzz Factory and its specialized service providers reserve the right to correct and modify the content of the Website and shall under no circumstances be held liable as such.

8. Google Advertiser Guide: Click Here

9. Personal data

Any personal data that might be gathered or processed by Buzz Factory while accessing and using the Website is governed by the Privacy Policy.

10. Website availability

In principle, the Website is available around the clock, seven (7) days a week, subject to scheduled or unscheduled interruptions necessary for their maintenance, or cases of unforeseen circumstances (force majeure). Being de facto subject to a best effort obligation, Buzz Factory shall not be held liable for any damage, of any kind, incurred as a result of any unavailability of the Website.

11. Unforeseen circumstances (cases of force majeure)

Buzz Factory commits itself, in view of current technical tools, to maintain the Website in the best possible conditions. However, Buzz Factory shall not be held liable in the event of any interruptions of the Website as a result of unforeseen circumstances caused by a third-party, by the user or by the latter’s own clients, or those resulting from hazards related to technology.

Although the following list is not exhaustive, the parties hereby conventionally agree that result either from unforeseen circumstances, or from a fortuitous event or from a third-party action, damage originating from or caused by: natural disasters, fires, floods, lightning, electrical surges, strikes, power outages, telecommunication network failures, computer failures, civil or foreign wars, riots or popular uprisings, national security threats, regulatory restrictions related to the supply of telecommunication services, connection and/or connectivity failures caused by public and private operators that Buzz Factory depends upon.

These unforeseen circumstances suspend the Buzz Factory’s obligations mentioned in these GTCU for their entire duration.

12. Miscellaneous

The GTCU, as well as all legal documents governing the Services (Privacy Policy, specific Terms and Conditions, etc.) are governed by, interpreted and applied in accordance with Swiss law, English or French being the language of interpretation in the event of a disagreement over the meaning of a word or provision of the GTCU and of all legal documents governing the Website.

Should one of the provisions of the present GTCU be found null and void, or inapplicable, it shall be deemed unwritten. This shall not affect the validity of the remaining provisions or clauses, which shall maintain their full force and scope.

Buzz Factory shall decide upon all cases of use that are not covered by the GTCU, and its decisions shall not be subject to any form of appeal.

Any litigation or dispute resulting from the use of the Website shall be subject to an attempt at amicable settlement.

In the absence of an agreement, the litigation shall be brought, except in the event of contrary public order provisions, in the Swiss courts governing Buzz Factory’s headquarters, that will decide in accordance with Swiss law.

13. Any technical issues or questions?

Do not hesitate to contact our technical support at info@buzzfactory.ch directly.

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