Preamble

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Biem website (the "Service") operated by Biem AG ("us", "we" or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not use the Service.

Intellectual property

The Service and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of Biem AG and its licensors. The Service is protected by copyright, trademark and other laws of both Germany and other countries. "Biem®" and the Biem® logo are registered trademarks of Biem AG. Other product names, service names, logos and/or company names used on this website are trademarked and copyrighted property of their respective owners and/or licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Biem AG. This includes, among other things, use in meta tags or other "hidden text". Nothing on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Service without our written permission or that of the respective trademark owner.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in the immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is used with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes the copyright or other intellectual property rights ("Infringement") of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" at legal@biem.ch and include in your notice a detailed description of the alleged infringement. You may be held liable for damages (including costs and attorneys’ fees) if you falsely claim that content infringes your copyright.

External links

Our Service may contain links to third-party websites or services that are not owned or controlled by Biem AG. Biem AG has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that Biem AG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the Service.

Limitation of liability

In no event shall Biem AG, nor its directors, employees, partners, agents, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation loss of profits, data, use, goodwill or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Biem AG, its subsidiaries, affiliates and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing law

These Terms of Service shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect. These Terms of Service constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact

If you have any questions about these Terms of Service, please contact us.