PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS AND CONDITIONS”) CAREFULLY. Genius Loci Inc. operates a technology platform available at https://www.geniusloci.com (as well as any related websites/applications that are created by Genius Loci SA) which is intended to enhance local heritage (the “Services”).

THESE TERMS OF USE ARE THE LEGALLY BINDING TERMS THAT GOVERN YOUR USE OF THE SERVICES.

BY YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS (BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, USING THE SERVICES, AND/OR BROWSING THE WEBSITE) YOU DECLARE THAT

1. You have read, understood and agree to abide by the Terms and Conditions.
2. You are of legal age to enter into a contract with Genius Loci.
3. You have the right to enter into the Terms and Conditions personally or on behalf of the organization or entity you represent, and to bind that organization or entity to the Terms and Conditions.

IF YOU DO NOT AGREE TO ABIDE BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

Preview

  • Your content and the attachment of the physical medal are your sole responsibility.
  • You agree that User Content is accessible and available to other users
  • You grant to Genius Loci an agreement to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely for the purpose of operating and the provision of the Service to you and other users, individuals and/or organizations.
  • You agree that your use of and all User Content complies with the Privacy Policy. Genius Loci
  • You acknowledge that the Service and Content Genius Loci are protected by copyright, trademark and other laws of Switzerland and foreign countries.
  • It is prohibited to resell any service provided without the express written consent of Genius Loci SA
  • You may not use the Service without adult supervision if you are 14 years of age or younger.
  • We comply with current European Union data protection legislation, which includes GDPR
  • You use the service of your free choice, we decline all responsibility for your damages within the limits of the applicable laws

1. contents

Under these Terms: The contents Genius Loci means text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are displayed, generated, provided or otherwise made available through the Service by Genius Loci;

user content means any content that you have created to be made available to others through the Service. Collectively, the contents of Genius Loci, User Content and Organization Content are referred to as “Content”.

The rights to User Content that you grant: By making any User Content available through the Service, you hereby grant Genius Loci a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service to you and other users, individuals and/or organizations. Subject to the foregoing license, between Genius Loci and you retain all of your rights to your User Content.

You acknowledge that if you provide Organization Content, ownership of such Organization Content may be established in any agreement between you and the Organization and, in the absence of such agreement, between you and the Organization. Organization, Organization may own the rights to such Organization Content.

Your Responsibility for User Content: You are solely responsible for your content. You represent and warrant that you own your User Content or have all rights necessary to grant us the license rights to your User Content in accordance with these Terms. You also represent and warrant that neither your User Content, nor the use and provision of your User Content to be made available through the Service, nor any use of your User Content by Genius Loci on or through the Service will not infringe, misappropriate or violate any third party's intellectual property rights, or rights of publicity or privacy, or result in or violate any applicable law or regulation any agreement you have with a third party.

Sharing User Content: You agree that User Content of the user you designate is accessible and available to other users of the Service to whom you grant access to this publicly designated user content. Therefore, you understand and agree that such users will have the right to view and comment on your Designated User Content publicly. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, based on the permissions you grant, have the right to use, publish, display, modify or duplicate such Content user. You grant to Genius Loci all rights necessary to make any publicly designated user content available to other users of the Service and to enable such users to engage in the activities described in this section with respect to your publicly designated user content.

Deleting User Content: You can delete your content. However, some of your User Content may not be completely deleted and copies of your User Content may continue to exist on the Service. Additional details regarding the deletion and storage of User Content are set forth in Section 9 (Termination) below.

Rights to content granted by Genius Loci: Subject to your compliance with these conditions, Genius loci grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download, view, copy, display and print the content of Genius Loci solely in connection with your authorized use of the Services and solely for personal, non-commercial purposes.

Content and use policy Genius Loci and content monitoring: You agree that your use of and all User Content complies with the Code of Conduct. Although we are under no obligation to monitor access to or use of the Service or Content, or to review or edit any Content, we have the right to do so for the purpose of operating the Service, enforce these Terms and comply with applicable laws or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time without notice, including, but not limited to, if we consider, in our sole discretion, that any Content is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult with and cooperate with law enforcement authorities in prosecuting users who violate the law.

2. Restriction of the use of the service

You may not do the following unless applicable laws or regulations prohibit such restrictions or you have express written permission to do so. Genius Loci to do it :

  • post, upload, post, submit or transmit any User Content that: infringes, misappropriates or violates any patent, copyright, trademark, trade secret, moral rights or other intellectual property right, or third-party publicity or privacy rights; violates or encourages conduct that would violate any applicable law or regulation or give rise to civil liability; is fraudulent, false, misleading or misleading; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or threatening actions to any person or entity; or promotes illegal or harmful activities or substances;
  • duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do so;
  • access or use the Service in any way that may disable, overburden, damage, disrupt or impair it, or interfere with any third party's access to the Service or its use, or use any device, software or routine for this purpose;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, other users' registered accounts, or computer systems or networks connected to the Service;
  • circumvent, delete, modify, disable, degrade or frustrate any technological measure or protection of the content of the Service;
  • use the Service for any unlawful, harassing, unethical or disruptive purpose;
  • violate any applicable law or regulation in connection with your access to or use of the Service;
  • access or use the Service in any way not expressly permitted by these Terms.

3. User Accounts

You are responsible for maintaining the confidentiality of your account and password., including, but not limited to, restricting access to your computer and/or account. Sharing your user login or password is prohibited. You accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as your username the name of another person or entity that is not legally available for use, or a name or trademark that is subject to the rights of another person or entity as you, without proper authorization. You may not use an offensive, vulgar or obscene name as your username.

You may not use the Service without adult supervision if you are 14 years of age or younger. By using the Service, you represent and warrant that you are over 14 years old, or that you use the Service under the supervision of an adult.

4. Prices and price changes

has. Medals and content hosting are subject to a single cost, which is clearly specified at the time of purchase. The cost of hosting content is included in this pricing.

b. Please note that the cost of medal packs may change over time. When you make a purchase, the price of the medal packs is clearly defined and remains fixed at that time. However, please note that the price of medal packs may be different if you make a purchase at a later date. The new prices will be indicated in the brochure available for download from our website at the time of your next purchase.

vs. In the future, we plan to launch a second product aimed at Cities or Regions, called “ Genius Loci Dashboards,” which will be based on a separate subscription model. Details regarding costs and payment terms for “ Genius Loci Dashboards” will be provided at launch and are not applicable to current medals and accommodation.

5. Refund

Payment obligations for subscriptions are non-cancellable, fees paid are non-refundable, and there are no credits for partially used subscription periods.

6. Copyright Policy

We respect the intellectual property rights of third parties. It is our policy to respond to claims that material posted on the Service infringes the copyrights of any person or entity.

7. Intellectual property

The Service and its content (excluding User Content and Organization Content), features and functionality are and will remain the exclusive property of Genius Loci. The Service is protected by copyright, trademark, and other laws of both Switzerland and foreign countries. Our trademark may not be used in connection with any product or service without the prior written consent of Genius Loci.

8. Feedback

We welcome feedback, comments and suggestions for improving the Service. You expressly acknowledge and agree that any Feedback Contribution does not give or grant to you any right, title or interest in the Service or any such Feedback. All feedback becomes the sole and exclusive property of Genius Loci. Genius Loci may use and disclose Feedback in any manner and for any purpose without further notice or compensation to you and without you retaining any ownership or other rights or claims. You hereby assign Genius Loci any right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any other intellectual property rights) that you may have in and on any Feedback.

9. Termination

We may terminate or suspend your account and bar access to the Service immediately, without notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including, but not limited to, for breach conditions.

10. Limitation of Liability

Indemnification : You agree to defend, indemnify and hold harmless Genius Loci, together with its subsidiaries, affiliates, partners, employees, directors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees ) deriving from :

Your use of and access to the Service;
Any breach by you of these Terms;

Posting or use of your User Content on the Service.

Third party content : Genius Loci assumes no liability for Third Party Content, your materials or other third party materials, including, but not limited to, any errors or omissions in such content, or for any loss or damage of any kind resulting from the use of such content.

Exclusion of liability : Except in the event of willful misconduct or gross negligence on the part of Genius Loci, neither Genius Loci nor any of its affiliates, officers, employees or agents will be liable to you or any third party for:

Any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation, lost profits, arising out of your use of the Service, even if Genius Loci has been advised of the possibility of such damages.
Any damage, loss or injury resulting from hacks, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
User Responsibility: You acknowledge that the responsibility for obtaining authorization and securely attaching any material or item associated with Genius Loci, without harming the environment or other property, is entirely the responsibility of the user.

Maximum limitation : To the extent permitted by applicable law, the entire liability of Genius Loci against you for all claims arising out of or in connection with use of the Service or its contents, or these Terms, whether in contract, tort or otherwise, will in no event exceed the amounts paid by you to Genius Loci during the twelve (12) months preceding the complaint in question.

11. Disclaimer

You use the Service at your own risk. The Service is provided "as is" and "as available". The Service is provided without warranty of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or 'execution.

Genius Loci, its subsidiaries, affiliates do not warrant that the Service will operate uninterrupted, be secure or available at any particular time or location; any error or defect will be corrected; the service is free of viruses or other harmful components; or the results of using the Service will meet your requirements.

12. Applicable law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to any conflict of law provisions.

For Legal

Any dispute, controversy or claim arising out of or in connection with these Terms, including their validity, invalidity, breach or termination, shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland.

13. modifications

We reserve the right, at our sole discretion, to modify or replace these terms at any time. By continuing to access or use our Service after any revision becomes effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the service.

14. Contact us

You can contact us regarding the Service or these Terms at the following address: Genius Loci SA, Chemin de Grassiaz 1, 1112 Echichens, Switzerland or via email to hello@geniusloci.com