(1) These General Terms and Conditions (“GTC”) govern the use of the website “www.WAVESartinitiativefortheoceans.com” (“Platform”). The operator of the Platform is
W A V E S art initiative for the oceans
3780 Gstaad, SWITZERLAND
Managing Director: Anthony Bannwart
Registered Office: Gstaad, Switzerland
Court District oft he canton of Berne
The GTC apply regardless of whether the user of the Platform (“User”) is a consumer, artist or an entrepreneur.
By accessing, viewing, or using the content, material, or services available on or through this site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them.
Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, W A V E S art initiative for the oceans is not responsible for any errors or omissions in the Site or Site Materials, and W A V E S art initiative for the oceans is not responsible for any errors or omissions in the Site or Site Materials.
Proprietary Rights. As between you and W A V E S art initiative for the oceans , W A V E S art initiative for the oceans owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Site solely for such purposes without W A V E S art initiative for the oceans written permission, provided that you comply with the following conditions: (1) the content may only be used for personal, educational or noncommercial purposes; (2) you must cite the author and source of the content; and (3) none of the content may be altered or modified.
Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws; (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with W A V E S art initiative for the oceans ; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Site who has requested not to be contacted; or (e) attempting to gain unauthorized access to W A V E S art initiative for the oceans computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.
Third Party Web Sites and Content. Parties other than W A V E S art initiative for the oceans may provide products, services or content on the Site. Additionally, the Site contains links to other Web sites for the convenience of visitors in locating information, products, or services that may be of interest. W A V E S art initiative for the oceans does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. W A V E S art initiative for the oceans does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
Disclaimer. W A V E S art initiative for the oceans is not responsible for and does not guarantee the accuracy or completeness of any User Material, Site Material, links, advertisements or other items contained within the Site. W A V E S art initiative for the oceans reserves the right to immediately remove any User Material or Site Material for any reason or for no reason. W A V E S art initiative for the oceans cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Material, User Material, the Site or the products or services made available in connection with the Site with or without notice in its sole discretion. The Site, the Site materials, User Materials and materials on, in, and made available through the Site, and the services, products, information and other materials on and in and made available through the Site is made available “as is” and “with all faults.” Use of the Site is entirely at your own risk. W A V E S art initiative for the oceans and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
Liability. W A V E S art initiative for the oceans shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not you or W A V E S art initiative for the oceans had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of W A V E S art initiative for the oceans or any other person or entity in connection with, based upon, or arising from the Site, the Site Materials or User Materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Changes to these Terms. W A V E S art initiative for the oceans reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. W A V E S art initiative for the oceans reserves the right to suspend or terminate your access to this Site and/or ability to use the services with or without notice for failure to comply with these Terms, for providing W A V E S art initiative for the oceans with untrue or inaccurate information about yourself, for infringement upon W A V E S art initiative for the oceans proprietary rights, or for any other reason.
Governing Law and Jurisdiction. These Terms represent the entire agreement between you and W A V E S art initiative for the oceans with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the canton of Berne, Switzerland. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (1) the exclusive jurisdiction of the cantoal courts located in the canton of Berne; (2) accept service of process by personal delivery or mail; and (3) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.