1.1 These Terms of Service ("Terms of Service") govern the use of all i-Magazine websites and all contents, services, and applications provided by i-Magazin ("i-mag") to the user ("User") of this service. If the User is a private individual, he/she certifies that he/she is at least 18 years of age. i-mag does not enter into contracts with individuals under 18 years of age.
1.2 These Terms of Service serve as base for all offers, deliveries and services, and apply to all transactions made at a later date. Other terms and conditions apply only if they are in accordance to i-mag’s Terms of Service, or if their use as base for a particular contract or service is explicitly stated in writing.
2.1 i-mag does not assume liability for the contents of external links. The operators of the linked pages are solely responsible for their own content. All content (text, graphics, images, layouts, etc) published on this site remains the sole intellectual property of i-mag. Its use requires prior written approval.
2.2 Generally, all content is accessible by anyone at no cost. Nevertheless, i-mag reserves the right to request the User’s registration to grant access to certain contents. In that case, the User is solely responsible to maintain the confidentiality of account information, password and computer access. The User agrees to notify i-mag of any breach of security (loss, theft, unauthorized use or access). i-mag reserves the right to terminate the access for this User.
2.3 i-mag may change, limit, extend, or discontinue any aspects of the site or services at any time.
3. General Conditions of Use
3.2 i-mag, at its sole discretion, may investigate any suspicion of misuse of the site or services or material breach of these Terms of Service; may take appropriate measures; and if there are reasonable grounds for suspicion, may suspend the User’s account access. In case of serious breach, i-mag may terminate the user agreement without notice of termination.
3.3 The User shall compensate i-mag for any damage resulting from his/her breach of duty. The extent of the User’s liability shall be limited to the User’s responsibility in accordance with these provisions.
5.1 All information on this website is provided by i-mag without guarantee of accuracy, completeness, or topicality.
5.2 Unless explicitly prohibited in regards to an excerpt, a file, or document, the User may view, copy, print, or share documents in accordance to following provisions:
5.2.1 Use for commercial purposes is prohibited.
5.2.2 Any copy of a document or parts of a document shall embody these copyright provisions.
5.2.3 Amendments to documents as well as copies or parts thereof, are subject to i-mag’s prior written approval.
5.2.4 Any approval by i-mag may be revoked at anytime. In this case, any usage of the site or services shall be suspended immediately.
6. Limitation of Liability
6.1 i-mag conducts its Services with absolute care.
6.2 i-mag explicitly denies any responsibility for the accuracy, completeness, or topicality of the published content in i-Magazines. The User guarantees to have researched any content with care and in regards to copyright compliance. In addition, i-mag does not guarantee the publication and the availability of any contents online.
6.3 i-mag attempts to make its services available at all times. However, the User has no right to claim the permanent availability of i-mag’s services or service without interference. Where a disclaimer does not apply, i-mag shall only be liable for intentional acts or gross negligence. Product and company names are brand names of the respective owner and solely serve informational purposes. All publications are subject to technical malfunctioning, inaccuracy, grammatical, and spelling errors.
6.4 i-mag assumes no responsibility for third party websites linked to its site or services; liable are their respective owners. Since i-mag may be accessed via third party links without i-mag’s knowledge thereof, the inclusion of images, contents, or any linked website on the site or for the services does not imply approval or endorsement of the linked website. i-mag will assume sole responsibility for third party content only, if i-mag becomes aware of its existence (also in case of infringing and unlawful content), and if the removal thereof, is possible and reasonable, in order to prevent further use. However, i-mag is not obliged to screen third party content.
7. User Discussion in Forums
7.1 Due to the ever changing content in forums, i-mag cannot guarantee to review all posts, screen their contents, or take active control thereof. i-mag assumes no responsibility for the content, accuracy, and form of any such posts.
8. Conditions applicable to registered Users
8.1.1 to refrain from the usage of any offensive, unlawful, pornographic, or vulgar language in their communication;
8.1.2 to assume sole responsibility for all posted materials and text, to maintain third party rights (especially, trademark laws, copyright laws and personal rights), and to indemnify and hold harmless i-mag from and against any third party claim;
8.1.3 to refrain from using forums or comments for unsolicited marketing correspondence or commercial activity of any kind. This applies to any link to a personal or third party website ("links") or the publication of toll free numbers for any purpose.
8.2 The User is not entitled to claim the publication of his/her submitted comments or posts. i-mag may, at its sole discretion, edit or delete comments or posts. In case of violation, i-mag reserves the right to temporary suspend or permanently delete the user account.
9. Submission of posts and articles
9.1 In order to publish a post or article, including PDF files (magazines …), the User shall enter his/her full and correct legal first and last name in the User profile. This name serves as the publishing name of the submitted materials. For any post, article, or e-paper, the User will issue the following statement:
9.1.1 The registered User guarantees that all submitted materials are free of third party rights, especially, trademark laws, copyright laws, and personal rights.
9.1.2 The registered User grants i-mag the unrestricted use of submitted materials for their publication in portals.
9.1.3 The User is not entitled to claim the storage, publication, or retention of submitted materials. i-mag, at its sole discretion and without justification, may choose not to publish submitted materials, to edit materials before publication, or to delete them after publication.
9.1.4 All published posts, articles, and e-papers may be deleted due to third party request after being reviewed by i-mag. In order to report any breaching contents, i-mag shall provide the button "report misuse" which then can be used by the User. If i-mag determines reasonable grounds for the removal of the reported materials, their removal takes place within 7 days after use of that button.
9.1.5 For damages to the reporter of misuse arising by the delay of the content’s removal, i-mag shall be held liable only for damages that were caused deliberately or by willful negligence, but not if resulting from a breach of duty by the User (according to Art. 1, 2, and 3 hereof). In this context, i-mag points out explicitly, that all sites are subject to the regular indexation by search engines, and that i-mag has no control over the possible storage of these materials on data banks of search engines and web catalogues, even after their removal from the site.
9.1.6 The submission and publication of materials does not entitle the User to claim any compensation (professional fees, royalties, reimbursement, or similar payments) from i-mag.
9.1.7 The disclosure of any personal or business data by the User in order to use certain services offered on the site occurs solely on voluntary basis.
10. Applicable Law
10.1 The place of fulfillment and jurisdiction is CH-Dipoldsau; the laws of Switzerland will govern these Terms of Services.
11.1 With the User’s consent, i-mag generates email addresses for advertising purposes and other reasons agreed upon. The exclusive use of an email address will be agreed upon individually, otherwise, i-mag may provide several customers with this user specific data.
11.2 If presented with user specific data by a customer, i-mag is not responsible to seek the user’s consent for the use of that data; this is the responsibility of the customer. i-mag reserves the right to request proof of individual user consent, and may reject to use these addresses. The customer is not entitled to use generated user data without the User’s consent.
11.3 i-mag may add test addresses to the generated email addresses. According to these Terms of Service, in cases of misuse of at least one data set, the customer shall pay a penalty in the amount of five times the contract value for breaching the agreement or of double the expenditure for generating the addresses. Notwithstanding that, i-mag may claim an amount exceeding these figures.