Version 1, June 1st, 2016
These Terms and Conditions („T&Cs“) govern the rights and the obligations between Industry+, a platform of Additively Ltd., Technoparkstrasse 1, 8005 Zurich, Switzerland (“Additively”) and the registered members. These T&Cs are considered as read, understood and accepted, if a member is registered.
Industry+ can change these T&Cs or its services at any time. Registered members will be informed about changed T&Cs or services via email and will be notified at their next visit of Industry+. Registered members need to accept the changed T&Cs or services within 14 days after the first login after the changes occurred. Otherwise, they are not able to use Industry+ anymore.
1. Service of Industry+
1.1. Industry+ enables members to create content on Industry+ and to present it on with Industry+ connected websites (“connected websites”).
1.2. The condition to present content are depending on the type of content and the connected website, on which it will be displayed. The conditions are indicated where content can be published and need to be accepted by the member.
2. Conditions and obligations of members
2.1. Each member needs to be able to enter a binding legal contract.
2.2. Each member is obliged to enter all information required for the registration truthfully, correctly and completely and to keep its information up-to-date. When changes occur, the member is required to immediately update this information.
2.3. Each member can create a member profile. The member commits to provide truthful and up-to-date information in its member profile. Industry+ is entitled at any time and without prior notice, to change and/or delete member profiles or any other content, in case a violation of above oblidations is suspected.
2.4. Each member is responsible for the secrecy of its user name and password for the login on Industry+. Each member is responsible for all activities performed under its username, except if Industry+ is responsible for the disclosure of passwords to third parties.
2.5. Each member is obliged to only upload content and information to Industry+, which (i) do not violate any domestic or foreign legal regulations, (ii) for which the member has the required rights, (iii) which do not violate any protective or personal rights of third parties, (iv) which are not fraudulent or (v) are otherwise not appropriate. Each member is responsible for the contributed content. In case of violation of this provision, the responsible member needs to reimburse Additively for all cost or damage (including legal fees), which incur as a result of the violation.
2.6. Members grant Additively a non-exclusive and unlimited usage right for all the content and information contributed to Industry+ through Additively and its affiliated companies.
2.7. Invoices from Additively for subscriptions or for spent Industry+ Points, need to be paid within 30 days from date on the invoice.
3. Display of content on connected websites
3.1. Members can present content created on Industry+ on with Industry+ connected websites. Depending on the type of content and the connected website, this is either free of charge, through a paid subscription or through the payment of Industry+ Points. The conditions are indicated where content can be published and need to be accepted by the member.
3.2. For the presentation of content on certain connected websites, a subscription for this connected website needs to be obtained. The subscription has a duration of a month, a quarter of a year or a year depending on what is indicated in the order. Without cancellation, the subscription does automatically extend for another month, quarter or year based on the initial subscription duration. Notice of cancellation needs to be given via email at email@example.com or via registered letter to Additively 15 days prior to the automatic extension of the subscription.
3.3. Industry+ is entitled at any time and without prior notice to end the subscription, to block the access to Industry+ and to stop displaying content on connected websites, in case the member violates any obligation within these T&Cs. In such a case, already paid subscription fees will not be reimbursed, also not pro rata temporis.
3.4. The presentation of certain content is subject to a charge. This content is highlighted with an indication how many Industry+ Points will be charged to the member’s Industry+ Points Account. One Industry+ Point corresponds to one Euro. Industry+ Points can either be bought at Industry+ up-front or will be invoiced to the member.
4. Limitation of liability
4.1. The content and information displayed on connected websites are mainly not provided by Industry+, but by members or other third parties. Industry+ does not review this content. Therefore, Additively cannot guarantee for the validity, correctness, lawfulness, quality or suitability for certain purposes of the content and information on connected websites. The liability of any content and information bears solely the owner of the user name, under which these have been submitted. The liability of Additively for damage, futile expenses and missed earnings based on such content or the usage therefore is therefore excluded.
4.2. However, Industry+ is entitled, in case of indications of violations of domestic or foreign legal regulations or rights of third parties, of breaches of duties of members or quality shortcomings, but also at its own discretion without indication of reasons, to review and/or delete the content and information, or to deny members the access to Industry+. Additively will comply with the instructions of law enforcement bodies, courts and other institutions, which require, among other things, the disclosure of identity and whereabouts of persons, because legal regulations, third party rights or other obligations of these T&Cs have been violated.
4.3. Even though Industry+ attempts to keep the Website up and running 24 hours a day, Additively is not liable for the temporary unavailability of Industry+ or connected websites, the failure of any of its functions, or the non-display of information and content.
4.4. Even though the access to the Website is SSL-encrypted to ensure the security of transmitted content, Additively cannot guarantee the security of any data. Each transmission of data takes place at the members own risk.
4.5. Any further liability is excluded to the extent allowed by law.
5. Further provisions
5.2. In case a provision or parts of a provision in these T&Cs are found to be invalid, this provision will be replaced through an economically equivalent condition, whereby all other provisions of this T&Cs stay fully valid.
5.3. Messages from Industry+ to its members are considered as delivered, if they are sent to the email address last indicated in the member profile.
6. Applicable law and juristiction
6.1. These T&Cs are subject to Swiss substantive law, to the exclusion of private international law and the Vienna Sales Convention.
6.2. Disputes arising in association with these T&Cs or the usage of Industry+ shall be subject to the sole jurisdiction of the competent courts in 8005 Zurich, Switzerland