1. Content and Scope of Use
1.1 All content accessible on the website, including text, graphics, images, photographs, trademarks, logos, videos, user interfaces, visual interfaces applications, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look insight” and arrangement of such Content, is owned by Ironman Kyle or its licensors and is protected by copyright, trademark and other intellectual property and unfair competition laws.
1.2 You may solely for private, educational, personal, scientific, or research purposes access, browse, view, display, search, download and print the Content.
1.3 You may not
- remove, obscure or alter any copyright or other notices, trademarks, logos, service marks or any other proprietary rights appearing in or on the Content,
- update, change, revise, adapt, modify, translate, transform or create any derivative work of the Content
- re-distribute, reproduce, or transmit the Content by any means including electronic (e. g., via e-mail) nor post it on their personal or public websites or on public networks,
- systematically download any Content, use routines designed to continuously and automatically search and index the Content (full text and meta data), such as web-crawling or spider programs or engage in any activity likely to burden the website,
- directly or indirectly use or assist any third party to use the Content for any commercial or monetary purposes including without limitation any sale, resale, loan, transfer or upload of the Content to a commercial entity’s internet website,
- use the website to publish, distribute or advertise any promotional material or other forms of solicitation to other users or any other services facilitation of any activities that are prohibited by law.
2. User accounts
2.1 You must ensure that the information you are asked to provide on registration is accurate. In particular, you must not enter details of others and are obliged to update your personal information without undue delay in the event of any change.
2.2 Your access details (email address and password or user name and password) are intended only for use by you personally. You are not authorized to share these access details with others or otherwise disclose them. If you learn of any actual or suspected unauthorized use of your access details, you shall be under an obligation to notify Ironman Kyle promptly. If you are responsible for such misuse of your access details, you shall be liable for all consequences of use by a third party. Your liability ends only if and when you have notified Ironman Kyle of the unauthorized use or loss of your access details and changed your password, if necessary.
2.3 Ironman Kyle reserves the right to refuse registrations on a case-by-case basis without stating reasons. Moreover, Ironman Kyle remains entitled at any time to disable access details temporarily or permanently in cases of violation of these terms and conditions of use (in particular if false information was provided on registration and/or access details, in particular passwords, were disclosed to others without authorization) and/or terminate your access with immediate effect or within a period to be determined at Ironman Kyle’s discretion and/or to terminate the agreement on use by extraordinary termination without notice. The same shall apply in cases of misuse or damage or if the functionality of the offering is impaired. If this is the case, you shall not be entitled to re-register without Ironman Kyle’s express prior consent. Ironman Kyle expressly reserves the right to make claims for damages.
3. Users’ Submissions
3.1 You may upload to or otherwise distribute on the Websites in user-submit areas only, (i) content that is not subject to any copyright or other proprietary rights protection or (ii) content in which the author has given express authorization for distribution on the World Wide Web (“Third Party Content)”, (collectively “Submission”). Any Third Party Content should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.”
3.2 Ironman Kyle nor its affiliates are responsible for the Submissions, their accuracy or compliance with applicable laws. You, neither Ironman Kyle, nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By sending the Submissions to any user-submit areas, you automatically grant or warrant that the owner of such Third Party Content has expressly granted Ironman Kyle the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Submissions in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed.
3.3 Upon request from Ironman Kyle, you agree to defend, indemnify, and hold harmless Ironman Kyle, its affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors, and the like from all claims, liabilities, and expenses (including without limitation attorney’s fees) that arise from your use or misuse of the site, including without limitation your posting of Third Party Content.
3.4 Any conduct by you that in Ironman Kyle’s sole discretion restricts or inhibits any other user from using the Websites will not be permitted. You agree to use the Websites only for lawful purposes. You are prohibited from posting on or transmitting through the Websites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
4. Representations, Warranties, Indemnification
4.1 The availability of the Websites at all times is not guaranteed. In particular, the Websites may be temporarily unavailable for maintenance or technical reasons without this giving rise to any claims against Ironman Kyle.
To the extent permitted by applicable law, Ironman Kyle provides the content “as is” and makes no other representation or warranty. Ironman Kyle expressly disclaims any liability for any claim arising from or out of the content, including but not limited to any errors, inaccuracies, omissions, or defects contained therein, and any implied or express warranty as to merchantability or fitness for a particular purpose.
4.2 To the extent permitted under applicable law, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of product liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Websites.
4.3 TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL Ironman Kyle OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR ITS CONTENT, PRODUCTS OR SERVCES.
4.4 Ironman Kyle does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Websites or incorporated in the Content, products or services contained on, accessible from or distributed through the Websites.
All disputes or matters relating to your use of the website shall be governed, interpreted and determined in accordance with the laws of Switzerland and shall be decided exclusively by the courts of or having jurisdiction for Zug, Switzerland, as far as legally permissible.
Ironman Kyle cannot take responsibility for information found on third party websites outside its control. While we attempt to provide links only to third-party websites that comply with all applicable laws and regulations and our standards, please understand that the content on these third-party websites is subject to change without notice to Ironman Kyle. We therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party website. As soon as we get notice of infringements on those websites we will remove the respective link.