Terms of use

1. The contractual relationship between TICKnTALK and the users of TICKnTALK

Tick&Talk AG (hereafter Tick&Talk) makes the services provided by TICKnTALK available to you. TICKnTALK enables you primarily to mark various Internet pages, to comment on such, and to exchange this information with other users. In this manner, networks emerge, which provide the individual users an overview of the offers present on the Internet and their personal use for the users. The services are offered to you by:

Tick&Talk AG
Othmarstrasse 8
8008 Zurich
Switzerland

Chairperson of the Board: R. Ries

Tel.: +41 44 50.03.868
Email: info@tickntalk.com

Commercial Registry ID: CH-440.3.019.723-4

The provision of our services may not be demanded. In return for this, you are not charged for the use of TICKnTALK. TICKnTALK is financed exclusively by means of third party advertisements, which we provide by means of the TICKnTALK platform customized to your personal needs as possible. Before your use the services, you should carefully read these terms of use. The use of the services presupposes that you have agreed to these terms of use. If Tick&Talk should, however, demand payment for individual services, you may possibly have to agree to additional terms of use or other regulations.

2. Your user account with Tick&Talk

In order to be able to use TICKnTALK, you must register with Tick&Talk and create a user profile. This profile is a requirement for moving in the world of TICKnTALK and being able to ensure its features. For registration, you need a user name, an email address of your own and a password. When you register for TICKnTALK, it is important that the information provide to Tick&Talk be correct and complete. It is possible to use the services by means of pseudonyms. You are responsible for the use of your user account and should ensure the confidentiality of your password. If you should note an unauthorized use of your password or your account, you are obligated to inform Tick&Talk. You can find details about the procedure at FAQ. You may only register once for the network and ensure with the registration that you are not currently a member of the network. The password selected during registration may not be shared with third parties. The users are forbidden from enabling third parties to use the network with foreign data. You are obligated to inform Tick&Talk immediately when reason for suspicion arises that third parties possess knowledge of access data or are misusing an account.

3. Your rights and obligations

After successful registration, you may use TICKnTALK in the scope of the user interface made available to you. Minors under the age of 13 may not use the services of Tick&Talk. You are obligated to arrange for appropriate precautionary measures for securing the information, which can be seen through the network and saved by Tick&Talk according to the current state of technology. Electronic attacks on the network (including all hard ware and software used for the operation of the network) or on individual users are forbidden. In particular, attempts to bypass the security system of TICKnTALK (“hacking“), regardless of whether such occurs for purposes of gaining an advantage or simply as an end of itself, the use of viruses, worms, Trojan horses, transmission of undesired advertising messages as well as other efforts apply as such electronic attacks, which compromise the operation of TICKnTALK or individual users. At this time, we refer to the fact that you may not injury the rights of third parties, in particular their personal rights. You are forbidden from insulting other member or third parties as part of the use of TICKnTALK or from damaging them through untrue allegations in their public view, or from causing them damage by other means. References to other web sites, marking them or commenting on them is not allowed, when the object of their content is illegal. Such include, in particular, those, which infringe upon copyrights, trademarks or other protected rights, injure the personal rights of third parties or fulfill other elements of crime (e.g. distribution of pornographic writings, insults, aspersions and libel, fraud or attempts at such, sedition, instructions for crimes or the portrayal of violence, etc). In addition, you are forbidden from referencing web sites, marking them or commenting on them, which have pornography of any form or right extremist ideas as their content, even if such is not relevant to the penal code. Insofar as you set content into the services, grant others access to such content, transmit, display or store it, you must ensure that you possess the necessary copyright or other rights to the content or are authorized to use such in the related manner related to you. Tick&Talk has been authorized to deactivate user accounts, which injure the rights of others. When you transgress these terms of use, the privacy policy or other regulations, which apply for the use of the respective services, Tick&Talk may limit your use of the services or disable them temporarily or permanently. Should it come to a temporary or permanent preclusion of the services, the information in your account and other content stored there may be deleted. For this reason, you should always make a backup copy of your content. Tick&Talk reserves the right to claim the costs of prosecution and administration from the offender for obvious and intentional transgressions against these provisions or according to judicial order with regard to an injunction of actions in connection with the use of TICKnTALK.

4. Rights and obligations of Tick&Talk

In that you provide copyrighted or otherwise legally protected content to Tick&Talk, you grant the necessary, non-exclusive and unlimited right of usage exclusively for the purpose of providing the respective service and ultimately in the scope required for such to Tick&Talk as well as their contractual partners in doing so. So that Tick&Talk may provide the respective service, the content would need to be able to be stored. For this reason, the right of use includes in particular the right to technically distribute the content. Furthermore you grant Tick&Talk the right of provision of public access to your content exclusively for the case that you intend to make such publicly due to the nature of the respective service or you have expressly determined the provision of public access. The right of provision of public access terminates at that time in which you remove content stored from a specific service, or the provisions of the public are cancelled. Tick&Talk is authorized to inspect the content for its illegality or compliance with these terms of use. In addition, Tick&Talk may remove, or not display, content when the content is illegal or transgresses the terms of use of TICKnTALK, or Tick&Talk may reasonably make such assumptions. Tick&Talk is not responsible for content, which you have created or for the content of third parties, which you possibly see, when you use the services. Tick&Talk does not appropriate the content. Tick&Talk and their license providers retain all copyrights and other rights to the services. If the use of a specific service requires software, which you would have to install on your computer, such software may be subject to update. You agree to such updates in order to be able to continue to use the services. Additional terms of use or other regulations may apply for the use of the software itself. We try our best to protect the rights of the user of TICKnTALK and to avoid infringing upon anyone’s rights at all. However, should one of your copyright, personal rights or other rights be transgressed due to an action by Tick&Talk or by the action of a user of the services of Tick&Talk, we will make every effort to correct such using all means at our disposal. Should you notice a legal transgression, please notify us immediately at this address info@tickntalk.com.

5. Modification and termination of services

Tick&Talk is not obligated to provide the services free of charge. In return, you are authorized to terminate use of the services at any time. Since our goal is to be able to make an attractive product available to you, the services provided by us are subject to on-going development. For this purpose, individual services may be modified, terminated, supplemented or added. Changes may be made to our services for reasons of improving quality, however also for economic reasons. Insofar as possible, in particular given the permanent termination of a service for economic reasons, Tick&Talk will inform you about impending terminations and provide you with sufficient time to backup your personal data in consideration of the respective interest.

6. Modification of these terms of use

Tick&Talk may amend these provisions from time to time, for example, to implement legal or other requirements or in consideration of changes to the features of the services. For this reason, you should check the terms of use so that you know the current situation. We will send a message to the email address provided by you with essential changes. If you are not in agreement with the modified provisions, you must terminate the use of the services. Tick&Talk retains the right to exclude you from the use of individual or all services in this case.

7. Limitation of guarantee and responsibility

TICKnTALK does not guarantee the ability to access the services of Tick&Talk at the times and for the purposes requested by you. No liability for the content of third parties is accepted. Tick&Talk is not responsible for the content of marked web sites, comments or for the content of said comments and does not appropriate such. Providers and editors of the associated web sites and contributions are responsible for their content alone.

8. Limitation of liability

Both your liability as well as the liability of Tick&Talk for intent, gross negligence and product liability is oriented towards legal regulations. We exclude liability for slightly negligent transgression of obligations, insofar as such does not affect obligations, life, and health or body essential to the contract. The same applies for transgression of obligations by our agents. In such cases, liability is limited to those damages, which are foreseeable at the time point of the usage of the services and typical.

9. Transfer of software license

Tick&Talk grants you a non-exclusive, non-transferable right of use for the software (in the form currently available for download online). You may duplicate the software insofar as such duplication is necessary for the use of the software. The storage of the software on mass storage devices of the hardware in use as well as the loading of the software into working memory is counted among the necessary means of duplication. Beyond that, you may duplicate the software for backup reasons. However, only one backup copy may be made, respectively, and stored. This backup copy of the transferred software should be identified as such. You may neither dispose of the software to third parties nor transfer it for a limited period of time, including in particular renting or loaning it.

10. Applicable law

The Code of the Federal Republic of Germany holds for the interpretation of the contracts between Tick&Talk and their users.