T: +41 (0)71 466 48 48
F: +41 (0)71 466 48 49
Editorial responsibility for the website:
Biotta AG email@example.com
1 General information
1.2 The Controller of this website is Biotta AG, Pflanzbergstrasse 8, CH-8274 Tägerwilen / Switzerland (“Controller” or “Biotta”).
Managing Director: Clemens Rüttimann
Registered with the commercial register in Thurgau, CHE-110.225.506
1.3 By accessing this website, you tacitly agree to the following terms. If you do not agree with them, you may not access this website.
2 Declaration of consent
2.4 The terms “we”, “us”, “our” and Biotta used on the website refer to Biotta AG or another Biotta Group company.
2.5 The terms “you” and “User” refer to each individual User of the website or the services provided.
4 Special conditions for the use of the Forum
4.1.1 Biotta provides the User with a Forum feature (“Forum”) on the website that enables users to share their experiences with and opinions on Biotta’s services and/or products.
4.1.2 The Forum is provided exclusively for personal, non-commercial use.
4.2 User account
4.2.1 To use the Forum, the User must register and maintain an active User account (“account”) by following the instructions on the website. The User must be at least 18 years old to create an account. When registering an account, it may be necessary for the User to provide Biotta with certain personal data such as name, address, age, gender, e-mail address, additional information, etc. The User declares that the information stored in her account is accurate, complete and up to date. If the User does not enter accurate and complete account information and keep the information up to date, this may result in the User not being able to access and use the Forum. The User is responsible for all activities that take place under her account, and she is obliged to maintain the security and confidentiality of her User name and password at all times.
4.2.2 Each User may have only one account and may not authorise third parties to use that account. The account may not be transferred to another person or otherwise transferred in any way.
4.2.3 The User may be asked to provide proof of identity and age to access or use the services. The User agrees that access to the use of the services may be denied if the User refuses to provide the necessary information.
4.3 User Content
4.3.2 Biotta has the right to disclose or publish such User Content or to use it in any way it sees fit without the consent of the User, without further notice, and without the obligation to pay the User for the use of such content.
4.3.3 The User warrants and guarantees that she owns all rights to the User Content she posts, that such User Content does not infringe on any third-party intellectual property rights, and that the User Content does not violate any applicable law or regulation. The User pledges not to post any User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, illegal or otherwise objectionable, as determined by Biotta at its sole discretion. Biotta may, but is not obliged to, review and monitor User Content and may remove such content at any time and for any reason without prior notice to the User.
4.3.4 The User Content and all expectations derived therefrom are at the sole discretion of the User, and the User bears full liability for such content.
4.4 Restrictions and prohibitions
4.4.1 The User may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the services; (ii) reproduce, modify, prepare, distribute, license, lease, sell, resell, transmit, publicly display, publicly present, stream, or otherwise utilise works derived from these services unless expressly permitted by Biotta; (iii) decompile, reverse engineer or disassemble the services, except as permitted by applicable law; (iv) link or mirror any portion of the services; (v) use programs or scripts for indexing, analysis or other data mining purposes with the aim of interfering with the operation and/or functionality of the Forum or the website; or (vi) attempt to gain unauthorised access to any portion of the Forum or the website or any systems or networks connected thereto.
4.4.2 Although Biotta may from time to time monitor or review discussions, chats, submissions, transmissions, forums and the like on this website, it is under no obligation to do so and assumes no responsibility or liability for their content, nor for any errors, insults, omissions, defamations, falsehoods, obscenities, libel, pornography, disrespect, endangerment, disclosure of proprietary information or falsehoods in the information in such areas of this website. It is prohibited to post or transmit any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any material that constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Biotta will cooperate fully with any law enforcement authority or court order requesting or directing Biotta to disclose the identity of anyone posting such information or materials.
4.4.3 All actions are prohibited that may constitute a violation of data privacy rights (e.g., uploading private information without the consent of the data subject) or any other legal rights of an individual.
4.4.4 It is prohibited to use the Forum to defame Biotta, its employees or others, to damage their reputation, or to do anything that could discredit Biotta’s good name.
4.5 Limitation of liability
4.5.1 To the extent permitted by applicable law, Biotta shall not be liable to the User in any manner whatsoever for the Forum features provided, whether by contract (in the form of compensation or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, refund or otherwise. In particular, Biotta is not responsible for:
a. the User’s expectations of the Forum;
b. the quality or quantity of User Content;
d. any loss, damage, cost, expense or liability incurred by the User in connection with the Forum.
4.5.2 If Biotta is liable to the User at all in connection with the Forum, such liability is limited to the extent permitted by law.
4.5.3 The Forum is provided on an “as available” basis. Biotta disclaims all representations and warranties, whether express, implied or statutory. Biotta makes no representations, warranties or guarantees as to the reliability, quality or availability of the Forum.
5 Information/data that you provide
5.1 Any non-personal information or data that you transmit to this website by e-mail or otherwise, such as questions, comments, suggestions or the like, is not deemed confidential or proprietary and will not be treated as such. Any information transmitted to or entered on the website becomes the property of Biotta and may be used for any purpose it sees fit, including but not limited to reproduction, disclosure, transmission, publication, broadcast or announcements. Please use the following e-mail address to write to us: firstname.lastname@example.org.
5.2 Furthermore, Biotta is entitled to use any designs, ideas, illustrations, inventions, developments, suggestions or concepts in the communications you send to this website or in any other way to Biotta for any purpose it sees fit (including but not limited to development, production, advertising and product marketing). Such use shall be without payment of any kind to the party providing such information/data or to any other party. When you submit information, you warrant that you own the submitted material or content, that it is free of any libellous content, and that its use by Biotta in any conceivable way will not infringe on the rights of any third party or violate any applicable law. Biotta is not obliged to use the information submitted. Biotta is furthermore under no obligation whatsoever to send you confirmation of receipt of your message or to provide you with feedback.
6 Intellectual property rights
6.1 ® Reg. Trademark Biotta. All rights reserved.
All copyrights and intellectual property rights to the texts, images and other materials on this website are the property of Biotta or are used with the permission of their respective owners.
6.2 You may use the website without limitation, but all information on the website, including any texts, images, or audio or video files, etc. (hereinafter referred to as “Information”) is provided for your own, non-commercial use only. In making use of such Information, you must not infringe on any copyright or other proprietary right, and any reproductions you make of Information on the website must display the above trademark notice. You may not sell or distribute for commercial gain reproductions of any part of this website, nor may you modify its content or incorporate it into any other work, publication or website.
7 Links to other websites
7.1 Links to third-party websites may be provided in the interest of visitors to this website or as a courtesy. The links on the Biotta websites may also lead you to websites outside the Biotta network. Biotta accepts no responsibility for the content, accuracy or function of these websites. Under no circumstances shall Biotta be liable for any violations or omissions in the privacy policies of third parties. The links are provided in good faith, and Biotta is not responsible for any subsequent changes to other websites to which we provide a link. The inclusion of a link to another website does not imply that Biotta endorses it. We strongly encourage you to read carefully the other websites’ legal notices and privacy policies.
8 Guarantees and disclaimers
8.1 This website is provided “as is” and “as available”, and Biotta accordingly makes no warranties, whether express, implied, statutory or otherwise (including the implied warranties of general serviceability or fitness for a particular purpose) that the material on this website is complete, accurate, reliable, timely and does not infringe on rights of third parties; that access to the website will be uninterrupted or error-free; that the website is secure; and that advice or opinions obtained from Biotta through this website are error-free or reliable. Accordingly, we expressly neither warrant nor guarantee the content of the website.
8.2 We reserve the right to restrict or terminate at any time your access to this website, any feature or any part thereof.
9.1 Neither Biotta nor any other party that has been or is involved in creating, producing or delivering this website on behalf of Biotta shall be liable or responsible for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities arising out of or in any way connected with your access to, use of, inability to use or inability to modify the content of this website, or for your access to any other website linked to this website, or for any actions we have taken or refrained from taking as a result of any electronic message from you.
9.2 Neither Biotta nor any other party that has been or is involved in creating, producing or delivering this website is responsible for maintaining the material and services available on this website or for providing corrections, updates or new versions thereof. All content on this website is subject to change without notice.
9.3 Furthermore, Biotta assumes no liability or responsibility for any losses caused by viruses or other malware that may infect or damage your computer or other property as a result of your use of, access to or downloading information from this website. If you download material from this website, you do so at your own risk.
11 Severability clause
12 Applicable law and jurisdiction
© 2019 Biotta AG
(The English translation is provided as a courtesy. In case of dispute regarding interpretation, the original German version shall prevail.)