Swisscom Labs Conditions of Use

1. Registration/Acceptance of Conditions of Use. By registering on this page you accept these Conditions of Use from Swisscom regarding "Swisscom Labs". For information concerning data protection please refer to our "Privacy Statement". This document forms an integral part of these Conditions of Use and may be viewed on http://labs.swisscom-mobile.ch. In the event of any discrepancies between these Conditions of Use and the Privacy Statement then these Conditions of Use shall take precedence.

2. Principles of free access to the website. In principle, Swisscom provides the content and services of this website free of charge. There is no requirement for a specific service to be maintained or to remain unchanged. In particular Swisscom reserves the right to withdraw certain services from the free offer and to offer such services in future only in exchange for payment.

3. Proper Use. The content, software and services on this website are the property of Swisscom and/or its suppliers and are protected by the relevant laws on the protection of intellectual property. Consequently, you declare that you agree not to copy, reproduce, change, modify or create derived operations from the content, or display the content publicly (except for personal, non-commercial purposes). You shall also undertake not to use any robots, spiders or other automatic tools or manual procedures to monitor or copy any of the website's content. Furthermore, the website is provided for your personal use and must not be used for commercial purposes. The following, for example, are forbidden: You must not use the website in order to sell products or services, to increase the number of connections with your website for commercial reasons, e.g. for the purpose of sales campaigns. It is also forbidden to reformat the results on the website and display them or to "mirror" a section of the website on your website or to carry out a "metasearch" on the website. If you wish to use a section of the website for commercial purposes please ask us for the appropriate information. Any use of the website that contravenes the rights of Swisscom regarding the protection of intellectual property, or that serves commercial purposes, will be investigated and Swisscom has the right to take appropriate action under civil or criminal law.

4. User contributions and data protection. The website provides numerous opportunities for active participation. If possible you should give specific comments, make suggestions and make data or other information (collectively "information") available to Swisscom. Swisscom has the right to keep this information and to use it in current or future products or services without paying any fee. To the extent that this information can be protected within the terms of the laws on the protection of intellectual property, you hereby declare that you agree to co-operate with Swisscom insofar as is necessary to sustain this protection. If Swisscom so wishes, you declare that you agree to transfer your rights to this information to Swisscom without receiving any recompense. In addition Swisscom may pass on summarised (i.e. not personally identifiable) information to business partners or other third parties. Swisscom will not, however disclose, any personally identifiable information to third parties unless this is required in order to comply with current legal procedures such as search warrants, summonses, byelaws and judicial orders, or if it is necessary or advisable in order to counteract an illegal or dangerous activity.

5. No guarantee. Please note that the services provided on this website are of an experimental nature. They have not been tested in any way and Swisscom cannot give any assurances that they are reliable, accurate, complete or valid in any other respect. ACCORDINGLY THE WEBSITE IS MADE AVAILABLE IN ITS CURRENT STATE WITHOUT ANY GUARANTEE AND USE OF THE SERVICE IS AT YOUR OWN RISK. SWISSCOM EXCLUDES ALL EXPRESS OR IMPLICIT GUARANTEE ENTITLEMENT WITH REGARD TO THE WEBSITE AND ITS CONTENT, INCLUDING ITS MARKETABILITY, FITNESS FOR A SPECIFIC PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

6. Disclaimer. AS THE WEBSITE IS FREE, SWISSCOM ADMITS NO LIABILITY FOR ANY DAMAGES THAT ARISE AS A RESULT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. THIS SHALL EVEN APPLY IF SWISSCOM HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE OCCURRING.

7. Waiver and release from obligations. To the greatest extent permissible under the applicable law, you hereby renounce and release Swisscom from all claims for damages against Swisscom and its employees and agents with regard to any liability for entitlements, damages (actual damages and consequential damages), costs and expenditure (including legal expenses and solicitor's fees) of any kind, that arise when using or in connection with the use of this service.

8. Changes to the terms of the contract. Swisscom has the right to change the terms and conditions of this agreement at any time. These changes shall come into effect immediately after being published on the website. We recommend therefore that you check this page regularly. In order to facilitate this checking process we will publish a version number or a date at the bottom of the page.

9. Infringements of the terms of the contract. Over and above the legal measures that Swisscom can have recourse to in the event of an infringement of the terms of the contract, Swisscom also has the right at its sole discretion to suspend or end your access to the website.

10. Compensation and indemnification. You declare that you agree to indemnify and compensate Swisscom and its employees agents and representatives vis-à-vis claims of third parties resulting from your use of the website. This also includes litigation costs such as court costs and solicitor's fees. Swisscom will notify you in writing should such a case occur.

11. No transfer. You are not entitled to transfer or pass on this agreement or specific rights or obligations under the terms of this agreement either wholly or in part to third parties unless you have obtained written consent from Swisscom in advance. Any proven transfer or passing on by you without the prior written consent of Swisscom is invalid unless Swisscom has issued its express agreement at its sole discretion.

12. Relationship of the parties. Irrespective of any terms and conditions and for all purposes of this agreement, each party shall act independently of the other. The parties do not in any way constitute a partnership, a company, a joint venture or any similar arrangement.

13. Applicable law. Court of jurisdiction. Swiss law shall apply exclusively to the relationship between the parties where these Conditions of Use do not already provide a final ruling on an issue. Exclusive court of jurisdiction shall be Bern, Switzerland.