Terms & Conditions

Terms of Use

Last modified: October 1st, 2020

By accessing the website at https://utopiagenesis.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

PREAMBLE

These Terms of Use (the “Terms”) rule your use of the Website https://utopiagenesis.com (the “Website”) and the services offered on or through this latter (the “Services”). The Website is owned and operated by Utopia Genesis Stiftung, a Foundation duly incorporated under the laws of Switzerland, with a registered office in Zählerweg, 12 - 6300 Zug, Switzerland (“Foundation”, “We” or “Us”).

1. DEFINITIONS

"Copyrights" means software, mobile software, algorithms, codes, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information and their selection and arrangement distributed through the Website;

“Intellectual property rights or IPR” means Copyrights, patents, registered designs, design rights, database rights, trademarks, trade secrets, know-how or any other proprietary or industrial right, whether registered or unregistered;

"Services" means the services offered through the Website.

“Third-Party/Third-Parties” means any other natural who is not a User or a Visitor;

“User” the Website. A User is allowed to use all the Services of the Website;

“Visitor” shall mean a person or entity using the Website without having registered as a User.

“Website” means this website.

2. TERMS

By browsing the Website, by subscribing to our newsletter and/or by contacting us, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with these Terms and all applicable laws and regulations. If you do not agree with these Terms, you should refrain from using the Website.

Your consent is given once, by clicking on the "I Agree" button in the pop-up window which appears upon your first connexion. By giving your consent, you confirm that your level of English is sufficient to understand the meaning of the Terms as well as all the commitments, warranties, waivers and obligations contained therein.

If you are browsing the Website on behalf of a business or other legal entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

3. TERMS OF SERVICE AMENDMENTS

The Foundation reserves the right to make any changes and/or amendments to these Terms, at its sole discretion. Your continued use of the Website after any such changes, with or without having explicitly accepted the new Terms, shall constitute your consent to such changes.

4. DISCLAIMER

The materials on the Website are provided on an 'as is' basis. The Foundation makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, the Foundation does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

If you provide us with any feedback or comments regarding the Website, you grant the Foundation the right to use such feedback or comments for any purpose without restriction or payment to you.

5. PURPOSE OF THE WEBSITE

The Website only describes the Services offered therein.

The Website does not constitute and should not be seen as a recommendation or endorsement of the quality, healthiness, service level, qualification or rating of the Services contained in it. Moreover, the information contained in or provided from or through the Website is not intended to be and does not constitute financial advice, trading advice, or any other type of advice.

6. PROHIBITED ACTIONS

You are entitled to use the Website only in conformity with the laws of your country of residence and of the country from which you access this Website. You may solely make a legal use of this website and any illegal or inappropriate use of the Website is banned.

7. COPYRIGHTS

Copyrights and all other proprietary rights in relation to the content available on the Website (including but not limited to software, mobile software, algorithms, codes, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information and their selection and arrangement) (hereinafter also the “Website Content”) are the exclusive property of the Foundation or its licensors. All Copyrights and Intellectual property rights in the Website Content not expressly granted herein are reserved to the Foundation. All Copyrights and other proprietary notices shall be retained on all reproductions.

Any other use of the Website Content, including without limitation distribution, reproduction, modification, making available, communicating to the public, publicly perform, frame, download, display or transmission, in whole or in part, without the prior written consent of the Foundation is strictly prohibited.

You may not derive or attempt to derive the source code of all or any portion of the software or mobile software (hereinafter also the “Software”), permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Software or any part thereof.

The Foundation and its licensors own and shall retain all Intellectual property rights and other rights in and to the Software, and any changes, modifications or corrections thereto, subject to open source software used in relation to the Website.

The Foundation, together with its licensors expressly reserves all Copyrights and Intellectual property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's copyrights and intellectual property rights. Any use of the Website including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without prior consent of the Foundation.

8. TRADEMARKS AND DOMAIN NAMES

Foundation’s names and logos and all related product and service names, and the domain names, are the trademarks and the domain names of the Foundation or its licensors. No trademark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo or trademark of the Foundation or of its licensors in any manner whatsoever.

You may not use the trademarks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that the Foundation endorses any product or service. You may not reproduce or use the trademarks and the domain names without the prior written permission of the Foundation.

9. RESERVATION OF RIGHTS

The Foundation may block, terminate or suspend your ability to use or access the Website, in whole or in part, without notice and at all time, at the sole discretion of the Foundation, as well as close or interrupt the Website. The Foundation reserves the right to terminate your right to access and use the Website if you violate these Terms or any other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for the Foundation.

The Foundation reserves the right to initiate legal proceedings against any person for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms.

10. AVAILABILITY, SERVICE LIMITATIONS AND MODIFICATIONS

The Website and content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Website and content in certain territories and jurisdictions.

Moreover, since the Website is web-based, it might be subject to temporary downtime.

We will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, the Foundation reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, without liability to You, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.

11. DATA PROTECTION

In order to provide You with the Services, You acknowledge and agree that the Foundation may collect, store and process Your personal data and/or information. By accessing and/or using the Services, You have read, understood, and accepted the Foundation's terms of privacy policy, and You acknowledge and agree that the Foundation may use such data and/or information in accordance with the terms of its privacy policy.

12. INDEMNIFICATION

To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify the Foundation, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of (i) Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties; (ii) Your alleged or actual use or misuse of the Services; and (ii) Your alleged or actual infringement or violation of any laws or of the rights of a third party.

13. LIMITATIONS OF LIABILITY

These Terms set out the full extent of our obligations and liabilities with respect to the Website. To the maximum extent possible by law, the Foundation excludes all and any warranty, guarantee and responsibility in relation to or subsequent to the website and its content.

The Foundation shall in particular not be liable for any damages of any kind, including loss of income or data, suffered by the visitor, the user or any other person, by act of the Foundation or of a third party. This includes any misuse that would be made of the visitor’s and/or user’s data, any virus or other forms of malware transmitted through the website or the server, as well as any non-compliance of users and/or visitors with these Terms.

The Foundation shall have no liability for any personal injury, lost profits or other consequential, special, punitive, indirect, or incidental damages, arising from or related to your use or inability to use the website.

14. LINKS

The Website may contain links which direct you to third-party websites. The Foundation rejects any liability on said third-party websites, which are solely provided in the Users’ and Visitors’ interest.

The Foundation has no influence on the content of third-party websites. The Foundation therefore cannot assume any guarantee for the accuracy, completeness or safety of this third-party content.

15. FORCE MAJEURE

The Foundation will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond Foundation’s reasonable control.

16. ENTIRE AGREEMENT & SEVERABILITY

These Terms, the Privacy Policy, the Cookies Policy, subject to any amendments or modifications made by the Foundation from time to time, shall constitute the entire agreement between you and the Foundation with respect to the use of the Website. If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

17. NO WAIVER

The Foundation’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

18. ASSIGNMENT

You may not assign any of your rights, licenses, or obligations under these Terms without the Foundation’s prior written consent. Any such attempt at assignment by you shall be void. The Foundation may assign its rights, licenses, and obligations under these Terms without limitation and without prior consent.

19. NO PARTNERSHIP

Nothing contained in this Terms of Service shall be deemed or construed to create a principal and agent, partnership or joint venture relationship between You and the Foundation.

20. GOVERNING LAW AND JURISDICTION

These Terms and your use of the Website, as well as all matters arising out of or in relation to them (including non-contractual disputes or claims and their interpretation), shall be governed by the laws of Switzerland. Any claim or dispute regarding these Terms or in relation to them shall (including for non-contractual disputes or claims and their interpretation) be subject to the exclusive jurisdiction of the Courts of Zug, Switzerland, subject to an appeal at the Swiss Federal Court.

You agree that any dispute is personal to you and the Foundation, and that any dispute shall only be resolved by an individual litigation and shall not be brought as a class action, or any other representative proceeding. You agree that a dispute cannot be brought as a class or representative action or on behalf of any other person or persons.

In case of dispute, you shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the litigation or related to the dispute(s) therein.

21. CONTACT

If You have any questions regarding these Terms, please contact us at legal@utopiagenesis.com.