Terms of Use
OVERVIEW
This terms of use agreement (“agreement” or “terms”) sets forth the agreement between nimms and each user governing the use by each user of the website, www.nimms.ch and all related sub-domains, and any associated web-based and mobile applications (collectively, "website" or “site”), as owned and operated by nimms.
This website is operated by nimms. Throughout the site, the terms “we”, “us” and “our” refer to nimms. nimms offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these terms of service carefully before accessing or using our website. By using this site, you agree to abide by the following terms and conditions of use for nimms. These terms and conditions cover all present and future features offered by your nimms account, individually and collectively referred to as the "service".
As a condition for using this service, you agree to not use this service for any unlawful or prohibited activities. You also agree to be bound by these terms and conditions. nimms may at its sole discretion, terminate service without cause or prior notice.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE.
You can review the most current version of the terms of service at any time on this page. We reserve the right to update, change or replace any part of this agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
This website is operated by nimms. Throughout the site, the terms “we”, “us” and “our” refer to nimms. nimms offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these terms of service carefully before accessing or using our website. By using this site, you agree to abide by the following terms and conditions of use for nimms. These terms and conditions cover all present and future features offered by your nimms account, individually and collectively referred to as the "service".
As a condition for using this service, you agree to not use this service for any unlawful or prohibited activities. You also agree to be bound by these terms and conditions. nimms may at its sole discretion, terminate service without cause or prior notice.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE.
You can review the most current version of the terms of service at any time on this page. We reserve the right to update, change or replace any part of this agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – LIABILITY DISCLAIMER
nimms is still in development so the service may include errors. nimms may make improvements and changes to the service at any time without notice. nimms does not give any guarantees about the reliability of the service and does not guarantee the security of user data despite its best efforts. The website is provided “as is” and you agree to not hold nimms responsible for any damages that arise as a result of the loss of use, data or profits connected to the performance of the service. Furthermore, you will not hold nimms liable if confidential material is unintentionally released as the result of a security failure or vulnerability.
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, neither expressly nor impliedly, with regard to information accessed from or via our website, including but without limitation, all content and material, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability, health or fitness for a particular purpose. We do not warrant that our website, its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or errorfree, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.
The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.
In no event will nimms or any of our directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality of our website, even if we are advised of the possibility of such damages.
Because some states and/or jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, accordingly, some of the above disclaimers and limitations may not apply to you. If you disagree with any portion of the site, or with any of the terms of use contained in this agreement, your sole and exclusive remedy is to discontinue using the site.
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, neither expressly nor impliedly, with regard to information accessed from or via our website, including but without limitation, all content and material, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability, health or fitness for a particular purpose. We do not warrant that our website, its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or errorfree, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.
The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.
In no event will nimms or any of our directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality of our website, even if we are advised of the possibility of such damages.
Because some states and/or jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, accordingly, some of the above disclaimers and limitations may not apply to you. If you disagree with any portion of the site, or with any of the terms of use contained in this agreement, your sole and exclusive remedy is to discontinue using the site.
SECTION 2 – AGE AND DOMESTIC USE
By using our website, you represent and agree that you are at least of full legal age in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site; otherwise, please exit the website.
The website is operated from Switzerland and personal information that is sent to us is governed by the privacy and data protection laws of Switzerland. Users from other countries are advised not to disclose personal information to us unless you consent to the applicability of Swiss privacy and data protection laws and our Privacy Policy.
The website is operated from Switzerland and personal information that is sent to us is governed by the privacy and data protection laws of Switzerland. Users from other countries are advised not to disclose personal information to us unless you consent to the applicability of Swiss privacy and data protection laws and our Privacy Policy.
SECTION 3 - WEBSITE USAGE
When using our website, you are required to establish an account to use certain features, such as posting an ad or setting up your user profile, for which you agree to provide true, accurate, complete, and current information about yourself. In case you provide false, inaccurate, incomplete or outdated information or we at our own discretion suspect that such information is false, inaccurate, incomplete or outdated, we reserve the right to suspend or cancel your account and all current or future use of the website. We also reserve the right to report you to the relevant authorities in your home country, should a misconduct on your side come to our attention. During the registration process you will create a username and password. You are accountable for maintaining the confidentiality of your account and password and you accept full responsibility for all activities or charges that occur under your account.
You agree to use the website for lawful purposes. Among others, you may not use our service for any illegal or unauthorized purpose nor may you, in using the website, violate any laws in your or any other jurisdiction. You agree that we may terminate or suspend your access to all or part of the website, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this agreement, laws or regulations or is harmful to another user or us or our affiliates.
Where applicable at the website, you may post your own content, for example in the form of sale ads or comments. You are solely responsible for the content you post on the website. You understand that, once published, your content may not be withdrawable. We cannot guarantee that your content will not be misused by other users, so if you have information you want to keep confidential or do not want others to use, please do not post it on the website. We are not responsible for any user content or any user’s use or misappropriation of any content you post on the website.
Your content postings are voluntary, this includes ideas, opinions and disclosures. There is no confidential or contractual relationship established by posting your content or the review or use of your content. We are not liable for any disclosure of any user content including opinions or suggestions you post to the site. We are entitled to unrestricted use of any user content we may receive, for any purpose, commercial or otherwise, without compensation to you as the content provider.
The following shall survive any termination of the agreement either by us or you: Privacy Policy and Liability Disclaimer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website without our prior express written permission.
A breach or violation of any of the Terms will result in an immediate termination of the agreement by us.
You agree to use the website for lawful purposes. Among others, you may not use our service for any illegal or unauthorized purpose nor may you, in using the website, violate any laws in your or any other jurisdiction. You agree that we may terminate or suspend your access to all or part of the website, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this agreement, laws or regulations or is harmful to another user or us or our affiliates.
Where applicable at the website, you may post your own content, for example in the form of sale ads or comments. You are solely responsible for the content you post on the website. You understand that, once published, your content may not be withdrawable. We cannot guarantee that your content will not be misused by other users, so if you have information you want to keep confidential or do not want others to use, please do not post it on the website. We are not responsible for any user content or any user’s use or misappropriation of any content you post on the website.
Your content postings are voluntary, this includes ideas, opinions and disclosures. There is no confidential or contractual relationship established by posting your content or the review or use of your content. We are not liable for any disclosure of any user content including opinions or suggestions you post to the site. We are entitled to unrestricted use of any user content we may receive, for any purpose, commercial or otherwise, without compensation to you as the content provider.
The following shall survive any termination of the agreement either by us or you: Privacy Policy and Liability Disclaimer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website without our prior express written permission.
A breach or violation of any of the Terms will result in an immediate termination of the agreement by us.
SECTION 4 – INDEMNIFICATION
You agree to defend, indemnify and hold harmless nimms and our directors, officers, agents, contractors, and employees against any losses, expenses, costs and damages including attorney fees arising from, related to or in connection with your use of our website, your violation of this agreement, or the posting or transmission of any material on or through the website by you, including but not limited to, any third party claim that any information or material provided by you infringes upon any third party proprietary rights. You shall not in any event settle any matter without the prior written consent of nimms.
SECTION 5 – COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
You acknowledge that all materials on the site, including the site’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, "Materials"), are our property and are subject to and protected by Swiss and international copyright and other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, "Marks") contained on the site, including but without limitation nimms® are the sole property of nimms and may not be copied or otherwise used, in whole or in part without the prior written authorization of nimms. In addition, all page headers, custom graphics and custom icons are Marks of nimms and may not be copied or otherwise used, in whole or in part without the prior written authorization of nimms. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Any use of any Materials or Marks owned by nimms is considered an infringement of our intellectual property rights and may be legally pursued as such.
By agreeing to the terms of use contained in this agreement, you agree that you will not use any text, photos, likenesses or other copyrighted or protected material of nimms or of other third parties without the prior express written consent of nimms.
By agreeing to the terms of use contained in this agreement, you agree that you will not use any text, photos, likenesses or other copyrighted or protected material of nimms or of other third parties without the prior express written consent of nimms.
SECTION 6 – TERMINATION
The obligations and liabilities of the parties incurred prior to termination shall survive the termination of this agreement for all purposes.
These terms of use are effective unless and until terminated by either you or us. You may terminate this agreement at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
These terms of use are effective unless and until terminated by either you or us. You may terminate this agreement at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
SECTION 7 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
This agreement constitutes the only agreement between us and you with respect to the subject matter of this agreement. This agreement supersedes all prior or contemporaneous agreements, communications, representations, warranties, understandings and proposals, whether oral or written, with respect to the subject matter of this agreement.
This agreement constitutes the only agreement between us and you with respect to the subject matter of this agreement. This agreement supersedes all prior or contemporaneous agreements, communications, representations, warranties, understandings and proposals, whether oral or written, with respect to the subject matter of this agreement.
SECTION 8 – GOVERNING LAW
This agreement and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Canton of Zurich, Switzerland, without regard to its conflict of law rules.
Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the Swiss Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be conducted in Zurich, Switzerland by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the Swiss Arbitration Association.
You and nimms shall bear the costs of the arbitrator, forum and filing fees on an equal basis. The prevailing party, as determined by the arbitrator, shall be entitled to an award of its reasonable attorney fees.
Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the Swiss Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be conducted in Zurich, Switzerland by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the Swiss Arbitration Association.
You and nimms shall bear the costs of the arbitrator, forum and filing fees on an equal basis. The prevailing party, as determined by the arbitrator, shall be entitled to an award of its reasonable attorney fees.
SECTION 9 – CONTACT INFORMATION
Please send your questions, comments and feedback to us at "Contact Us"