MOONSTICKER.CH – Terms of Use Agreement

1 Site

„moonsticker.ch“ is a so-called online community, networking and communication service (hereinafter „the Site“). The Site means all services and contents, which are made available on the web sites www.moonsticker.ch, www.moonsticker.de and www.moonsticker.at (including all corresponding countrie’s and sub-domains).

2 Operator

The company „moonsticker Ltd.“ is proprietor and operator of the Site (hereinafter „the Operator“). The contact information of the Operator is available on the Site under „about us“.

3 User

User is every physical or legal person which manually or mechanically accesses the contents and services available on the Site, either as registered or not registered member of moonsticker. If a User does not agree to be bound by the present Terms of Use and to follow all applicable Laws, he should leave the Site and discontinue use of the Operator’s services.

4 Membership

After the successful registration with moonsticker on the Site the User becomes Member. Registered members receive a personal account with login name and password. The member is entirely responsible for maintaining the confidentiality of his own password and agrees to never disclose the own password to any third party. The Member is sole responsible for the content of his registration data respectively for the information he submits about himself. It is forbidden to post purposely or fraudulently false or inaccurate information in the member account as well as in any other part of the Site (particularly when a member represents himself as another member or physical or legal person).

5 Validity

The present Terms of Use set forth the legally binding terms for the relation between the Operator and the User. Any divergent term of the User contrary to these Terms of Use do not apply. The present Terms of Use shall remain in full force and effect for the whole duration of the contractual relation between the User and the Operator, even when it is not especially referred on these Terms of Use during the utilisation of additional services on the Site. The Operator may modify the present Terms of Use without prior explanation at any time.

6 Account Security and protection of the personal Data

Personal data of the User is treated with special care and in conformity with the dispositions of the Swiss Federal Act on Data Protection and Telecommunications Act. The Member understands and agrees that his personal data may be made available to other users. The Operator may without prior notice and without prior explicit consent from the member, sell or otherwise assign personal data to third parties. The User information results from the information provided by the User as well as from the utilisation of the available services. The User authorises and directs the Operator to make electronic copies of the personal data. The purpose of the data storage is to enable a correct functionability of the Site and to provide to the User optimal services.

7 Copyright

Provided that the legal requirements are fulfilled, all information and content available on the Site is protected by copyright. Except as provided within these Terms of Use, the site information and content may be further utilised only with the Operator's prior written permission and against remuneration. Every utilisation for public or commercial purposes, particularly the reproduction, transmission, modification and/or linking of the Website for public or commercial purposes is only allowed with the Operator's prior written permission and against remuneration. The User is sole responsible for the information and content published by the User. Furthermore the Operator may without prior notice reproduce and publish elsewhere information and content published through one of the Services.

8 Disclaimers

The Operator is not responsible or liable in any manner for any economic, physical or immaterial damage, which may occur during the utilisation of the Site. Information and content published on the Site may be modified anytime. The Operator is not responsible for the accuracy of the information and content. The Operator is not responsible or liable in any manner for any loss or damage resulting from the utilisation of the account through another than the registered person. The Operator is not responsible or liable in any manner for the loss, gain, deletion or wrong transmission of data during the utilisation of the Site. The Site may contain links to websites and contents of third parties. The utilisation of these external websites and contents is exclusively governed by the terms of use of the concerning suppliers. The Operator in not responsible or liable in any manner for the making available of external contents and possible subsequent damages. The Operator is not responsible or liable in any manner for the accuracy of the content and information in the account data or any further user generated content and information. Furthermore the Operator is not responsible or liable in any manner for an eventual misuse of information and content. The Operator may but is however not obligated to review, control or monitor the Site and may modify or delete without prior notice any published text and/or photos, images or any other materials. The Operator makes efforts to provide an uninterrupted and proper working process of the Site, though assumes no responsibility for any error, omission, interruption, deletion, defect, delay in access, operation or transmission. The Site and the provided services may be temporarily unavailable from time to time for necessary maintenance or technical defects. The Operator is not responsible or liable in any manner for the unauthorised access of personal user data through third parties (e.g. through an unauthorised access by “hackers” on the database). The Operator is also not responsible or liable in any manner for the misuse of content and information made available by the User himself to third parties. The Operator may without prior notice at any time and with or without cause assign to third parties or shut down all or part of the provided services of the Site.

9 User conduct; responsibility and liability of the Users

The User agrees to indemnify and hold the Operator harmless from any liability, claim or demand made by any third party for damages due to libel, defamation, violation of privacy laws, failure of other users services, violation of intellectual property rights or other rights. The indemnity and indemnification also includes all costs and expenses, including reasonable attorney's fees, necessary for the defence against such claims. The User agrees to always keep e-mails and similar messages in confidence and make these available to third parties only with the explicit prior permission of the sender. The same shall also apply to private information of third parties, e.g. names, addresses, phone and fax numbers, e-mail-addresses as well as URLs. In addition, each user agrees not to use the Site improperly, in particular:

a) Not to use the Site in order to diffuse or otherwise make available any defamatory, objectionable or otherwise illicit content or information. This particularly concerns racist, ethnically objectionable, pornographic or similar contents, that violate any applicable laws and public decency/public morals;

b) Not to use the Site in any manner that may harass, menace, intimidate or bully another user or may otherwise violate the rights of any third party (including privacy laws);

c) Not to upload or otherwise introduce data or any material in the system, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality;

d) Not to use, upload or otherwise make available Software or other materials protected by copyright and other intellectual property rights, unless the User has the Right to do so or has obtained the corresponding licenses or permissions;

e) Not to use the Site in any manner that could damage, disable, overburden, impair or deactivate the Site or in any further manner that could negatively influence the availability of the Site for other users;

f) Not to use or to attempt to use the Site in order to harvest or collect e-mails and similar messages for other users;

g) Not to advertise to, or solicitate of any member to buy or sell any products and services through e-mails and similar messages;

h) Not to send or operate by any means so-called „junk-mails“, „spams“, „chain letters“, „pyramid schemes“ or „multi-level-marketing“.

10 Termination

The Operator may terminate the membership at any time, at his sole discretion, without prior notice, warning or explanation, delete the user account of the member as well as delete all corresponding content and information. The member may terminate the membership at any time, at his sole discretion, without prior notice, warning and without explanation. With the termination the user account of the member as well as all corresponding content and information will be deleted.

11 Severability clause

If any provision of these present Terms of Use is held or shall become unlawful, void, unenforceable or incomplete, that provision is deemed severable from the remaining provisions and does not affect the validity and enforceability of the remaining provisions of these Terms of Use. If any provision of these present Terms of Use is held or shall become unlawful, void, unenforceable or incomplete, the correspondent provision shall be replaced by another provision, which comes as close as possible to the economic intent. The same shall apply to eventual lacunae.

12 Governing law and jurisdiction

The contractual relation between the Operator and the User as well as the use of the Site is governed by the material Laws of Switzerland. Exclusive jurisdiction for all disputes and claims relating in any way to or arising out of this contractual relation between the Operator and the User as well as the Site is the domicile of the Operator. The Operator may also file claims against the User in other, from the stipulated governing Law differing jurisdictions.