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* Terms of Use and Privacy Policy
These terms of use (the “Terms of Use “) set forth the legally binding terms for accessing, using and visiting any and all web pages and related services and materials of the website www.climaps.com (the “Website”), powered by Sensorscope LLC, Parc Scientifique EPFL, PSE-D, CH-1015 Lausanne (“Sensorscope”).

By accessing the Website, you (“You” or the “User”) unconditionally accept these Terms of Use, including any updates, revisions and modifications – as well as to Sensorscope’s Privacy Policy. These Terms of Use constitute the agreement between Sensorscope and the User (the “Agreement”). If You do not agree to these Terms of Use, You should not use the Website.

The use of the Website is not allowed in countries where the totality or a substantial part of these Terms and Conditions, including Section 10 hereunder, is not applicable.

In case You are not acting as an individual, You warrant that You dispose of all necessary corporate or equivalent authority and powers to agree to these Terms of Use, which shall be binding upon the corporation, partnership or other entity in whose name You have registered as a Member, as the case may be.

Sensorscope may, in its sole discretion and without notice, modify or revise these Terms of Use at any time, and You agree to be bound by such modifications or revisions. Any modification, update or revision of these Terms of Use shall become automatically effective and binding as from the date of their publication on the Website. It is Your responsibility to consult and revert to the last available version of these Terms of Use as posted on the Website prior to access and/or use the Website.

1. Definitions 

For all purposes of these Terms of Use, in addition to the terms defined above, the following terms if capitalized shall have the following meanings (such meanings to be equally applicable to both the singular and plural forms of the terms defined)

“Climaps User Account” shall mean the personal account set up on the Website, granting access to restricted areas of the Website.

“Content” shall mean texts, files, photographs, logo’s, slogans, data, or any other material that is published on the Website.

“Cookies” shall mean small electronic files that are placed on the hard disk of the User’s computer.

“Data Protection Act” shall mean the Swiss Federal Act on Data Protection, of 19 June 1992, as amended from time to time.

“Data” shall mean any measure sent to the Website by any device and/or manually uploaded by a Member, whether public or private, which are displayed on the Website, either publicly or in access-restricted areas.

“Groups Marks” shall mean trademarks, licensed trademarks, and/or copyright material, of Sensorscope.

“IP Address” shall mean the Internet Protocol address which consists in a set of numbers that is automatically assigned to the User’s computer whenever the User logs on to his/her Internet service provider or through his/her organization’s local area network (LAN) or wide area network (WAN).

“Member” shall mean a User who has successfully registered on the Website in accordance with the registration process set forth on the Website.

“Sensorscope” shall mean Sensorscope LLC, a Swiss limited liability company, with its registered office at Parc Scientifique EPFL, PSE-D, CH-1015 Lausanne.

“User” or “You” shall mean the person using or surfing the Website. A User can either be a Member or a person visiting the Website.

“Website” shall mean this website, i.e. www.climaps.com.

2. Content and Use of the Website

2.1. Content

The Website contains (i) web links to Sensorscope’s main website (www.sensorscope.ch) – which, as the Website, is powered by Sensorscope – and to third-party websites and software (for instance: Google Maps Service), (ii) general information on Sensorscope’s sale policies, (iii) link to the user manual concerning the use of the Climaps web-platform solution, and (iv) Data.

2.2. Registration

In principle Users who are not Members are free to visit parts of the Website without being obliged to provide any of their personal data.

However, in order to (i) use certain services (such as access to and sharing of Data), (ii) use certain benefits (such as subscriptions to newsletters), Users are sometimes required to register with Sensorscope, setting up a Climaps User Account, and to provide certain personal data in connection therewith, in order to become Members.

Further information regarding the different types of personal data that are required is provided on the Website. Sensorscope’ privacy practices is further detailed in Section 6 below.

2.3. Operation of the Website

Sensorscope uses commercially reasonable efforts to maintain the Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, Sensorscope identifies any bugs, errors, technical problems, or defects, then it will immediately assign technicians to address and resolve the issue.

Sensorscope does not warrant that Your access to the Website will be uninterrupted, or that the Website will be available at all times. Sensorscope can assume no liability or responsibility for any delay, interruption, or downtime.

Sensorscope uses commercially reasonable efforts to ensure that the Website is protected from viruses and other destructive software, but Sensorscope cannot guarantee that the Website or any part thereof will at all times be free from such destructive software. Sensorscope does not assume any liability for any damage to computer equipment or other property that may result from the use of the Website.

Sensorscope reserves the right to discontinue operation of the Website at any time for any reason in its sole discretion, and to make modifications to the operation of the Website at any time in its sole discretion.

2.4. Your Use of the Website

You undertake to use the Website only for lawful purposes, notably with a view to potentially subscribe to, or order, Sensorscope’s products and services, to benefit from, store, share and manage the Data, or to receive information that are specific or related to the nature of the Website. In particular, You agree not to use or exploit the Content in any manner inconsistent with these Terms of Use and, in particular, You shall always respect all rights granted or restrictions set forth herein.

Pursuant to these Terms of Use, Sensorscope grants You a personal, non-exclusive, non-transferable and revocable right to access the Website, to use its different functionalities and displayed Data, under the following conditions:

(a) You may neither, under any circumstance, alter or modify any part of the Website, nor attempt to, or encourage or assist any other person to, circumvent or modify any component of the Website;

(b) You are not allowed to modify, edit, translate, adapt, or disassemble the Content or to create derivative works based upon the Content;

(c) You may not use or attempt to use, engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, offline readers, avatars, worms, or intelligent agents) or any other automated system which may have the purpose or effect to detrimentally affect the Website, to navigate or search the Website other than generally available third party browsers;

(d) Your use of the Website requires one or more compatible devices, Internet access and certain software and may require obtaining updates or upgrades from time to time. As the use of the Website involves hardware, software, and Internet access, Your ability to use the Website may be affected by the performance of such materials. You agree that such system requirements, as modified from time to time, are under Your own and sole responsibility;

(e) You agree to use the Website at Your sole risk. In particular, You agree that Sensorscope shall assume no liability for content that You may find to be offensive, indecent, or objectionable. In case You find something on the Website to be offensive, indecent, or objectionable, please contact Sensorscope and report the problem;

(f) You acknowledge that any use of any third-party websites – even if referred to by hyperlinks on the Website – shall be subject to their own terms of use and privacy policy, if any;

(g) You shall not market and sell any Data published on the Website, whether publicly or in access-restricted areas, unless You have been specifically authorized by Sensorscope to do so.

3. Intellectual Property Rights

3.1. Legal Protection of the Website and the Content

All rights not expressly granted in these Terms of Use are reserved to Sensorscope and its licensors.

“Sensorscope” and “Climaps”, along with their design logos and other marks, logos, services and products names that may appear on the Website, are trademarks, licensed trademarks, and/or copyright material, of Sensorscope (the “Group Marks”). You may not copy, reproduce, republish, distribute, upload, post, transmit, display, modify or use the Group Marks in any manner. The names of other companies and products mentioned in the Website may also be trademarks of their respective owners or licensed to Sensorscope. In addition, some of the Content is protected by trademark, privacy, and publicity laws, including the Swiss Federal Act on Copyright and Neighboring Rights, of 9 October 1992.

Publicly Accessible Area

The publicly accessible Content is provided solely for Your information, entertainment and/or educational use. It shall not be copied, reproduced, republished, distributed, uploaded, posted, transmitted, displayed, modified or use without Sensorscope’s express prior written permission. In particular, You shall not use in any manner any of the Content on any other site, online service or networked computer environment, unless specifically authorized by Sensorscope.

Subject to any expressly stated limitations on the Website, however, You may download or print portions of (i) the Content on a single home computing device solely for Your personal, non-commercial use, or (ii) the Data for non-commercial use, provided that You keep intact all copyright, trademark or other proprietary notices and that You will be solely responsible and shall hold Sensorscope harmless, as the case may be, for any use whatsoever of any downloaded material related to, or use of, the Content and/or the Data. Any other use is prohibited. Sensorscope will at all times retain complete ownership of the Content and trademarks on the Website. Any material downloaded or otherwise obtained through the use of the Website is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.

Sensorscope assumes no responsibility whatsoever for unauthorized copying and/or use of any material property of third parties on the Website.

Your Dedicated Area

By way of exception, The Data generated by Your own private device(s) and/or manually uploaded by You can be used for Your professional use. If You decide to allow public and free access to Your Data to other Users or Members, You acknowledge that the above-mentioned terms contained in the “Publicly Accessible Area” section shall apply to Your Data as well.

Sensorscope assumes no responsibility whatsoever for unauthorized copying and/or use of Your Data.

3.2. Copyright Notification

In case You consider that a Content or a Data is displayed on the Website in violation of Your own intellectual property rights or those of any third party, You shall contact Sensorscope with all necessary information at the contact coordinates mentioned below under Section 9.3, and Sensorscope will address Your claim without delay.

4. Liability

4.1. Disclaimer

YOUR ACCESS AND USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND LIABILITY. ALL THE CONTENT, SOFTWARE, PRODUCTS, SERVICES AND ASSOCIATED GRAPHICS ELEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY TYPE OF GUARANTEE AND WITHOUT ANY WARRANTY OF ANY KIND. SENSORSCOPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED TERMS OF ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF ANY APPLICABLE LAW OR REGULATIONS. SENSORSCOPE DOES NOT WARRANT THAT THE INFORMATION AND DATA AVAILABLE THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UPDATED OR MEET YOUR REQUIREMENT, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR REPAIRED, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE TO THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE, TIMELY SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR UNINTERRUPTED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS AND USE OF, OR DOWNLOAD FROM THE WEBSITE.

DATA PUBLISHED ON THE WEBSITE ARE AUTOMATICALLY REFLECTING THE DATA GATHERED BY THE RELATED DEVICES AND/OR UPLOADED MANUALLY. SENSORSCOPE DOES NOT WARRANT THE ACURACY, UPDATE AND UNINTERRUPTED DISPLAY OF THE DATA GATHERED BY ANY OF THE DEVICES AND PUBLISHED ON THE WEBSITE.

COMMENTARY AND OTHER MATERIALS POSTED ON THE WEBSITE ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. SENSORSCOPE DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR BY ANYONE WHO MAY BE INFORMED OF ANY OF THE CONTENT.

CERTAIN HYPERTEXT LINKS IN THE WEBSITE WILL LEAD YOU TO EXTERNAL WEBSITES THAT ARE NOT UNDER THE CONTROL OF SENSORSCOPE. SENSORSCOPE ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE CONTENTS OF ANY THIRD PARTY SITE TO WHICH A HYPERTEXT LINK OR ANY OTHER TYPE OF LINK EXISTS AND GIVES NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) AS TO THE INFORMATION CONTAINED ON ANY SUCH SITE.

SENSORSCOPE IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY, USER OR MEMBER ACTIVITIES ON OR BASED ON THE WEBSITE.

THE WEBSITE IS MANAGED AND OFFERED BY SENSORSCOPE FROM ITS CORPORATE HEADQUARTERS IN SWITZERLAND. SENSORSCOPE MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO UNDER THEIR OWN RESPONSIBILITY AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCALLY APPLICABLE LAWS.

Sensorscope reserves the right to change any and all content contained in the Website and any services offered through the Website at any time without notice. References to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Sensorscope.

4.2. Limitation of Liability

IN NO EVENT WILL SENSORSCOPE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATE OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE, (II) UNAUTHORIZED ACCESS OF THE WEBSITE, (III) STATEMENT OR CONDUCT OF ANY THIRD PARTY SITES LINKED FROM AND TO IT AND ANY MATERIALS OR INFORMATION POSTED ON IT, (IV) RELIANCE ON THE DATA, (V) AUTOMATICALLY GENERATED ALARMS BASED ON THE DATA OR ANY ABSENCE THEREOF, AND (VI) ANY OTHER MATTER ELATING TO THE WEBSITE, EVEN IF SENSORSCOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FROM ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY OR OTHERWISE. IN NO EVENT WILL SENSORSCOPE LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, AND WITHIN THE SCOPE OF THOSE TERMS OF USE, YOU AGREE, BY USING OR BROWSING THE WEBSITE, THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF YOU DO NOT DO SO, YOU EXPRESSLY WAIVE ANY RIGHT YOU HAVE TO DO SO, AND SUCH CLAIM OR CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

5. Privacy Policy

5.1. Processing of Personal Data

Sensorscope does not collect personally identifiable information from Users unless Users voluntarily provide it (except cookies; see below Section 7). Once Users register with Sensorscope, set up a Climaps User Account and/or sign in to the “log in” field with it, they are not anonymous to Sensorscope.

In consideration of Your use of the Website, You agree to (i) provide accurate, current and complete information about You as may be prompted by any registration forms on the Website; (ii) maintain the security of Your password and identification; and (iii) maintain and promptly update Your personal data, and any other information You provide to Sensorscope, to keep it accurate, current and complete.

Any personal data communicated to Sensorscope is processed and used by Sensorscope, which will, if applicable, act as the data controller within the meaning of the Swiss Federal Act on Data Protection, of 19 June 1992 (the “Data Protection Act”). Such personal data are processed and used by Sensorscope in accordance with the Privacy Act. Sensorscope will process the personal data for the following purposes: (i) the promotion of Sensorscope’s activities; (ii) management of Members (client management); and (iii) performance of agreements Sensorscope has entered into.   The Member hereby gives his/her/its free and informed consent to Sensorscope to process and use any personal data communicated by him/her/it to Sensorscope.

Regardless of any formal registration, web servers automatically identify Your computer by the IP address assigned to it during Your session online. Sensorscope also automatically receives and records information on its server logs from Your browser including Your IP address which identifies Your computer, Sensorscope’s cookies information and the page You requested.

Sensorscope logs the User’s IP address but, unless the User has voluntarily registered as a Member, it shall not link IP addresses to any personally identifiable information. IP addresses of Users are used for systems administration purposes only. Sensorscope shall use such data in order to establish internal statistics and to improve the quality of the services delivered to the User. In practice, this means that the User’s session will be tracked, but the User will not be identified. However, Sensorscope may use IP addresses to identify Users when it is necessary to enforce compliance with any legal obligation, these Terms and Conditions, or to protect the Website and/or other Users.

5.2. Non-Personally Identifiable Information

Sensorscope may also collect and process non-personally identifiable information in aggregate form to track data and for statistic purposes (the total number of visits to the Website, the number of visitors to each page of the Website, the third party links that are shown in using the Website and the domain names of the Users’ internet service providers, etc.).

Sensorscope may use this information, which remains in aggregate form, to understand how Users use the Website so that Sensorscope may improve it and the services which are offered.

5.3. Third-Party Links

The Website may display content of, and/or contain links to, third party sites that are independently run sites outside of the Website domain. Please read each third party site’s privacy policy carefully, since it may differ significantly from this Section. Sensorscope is not responsible for the privacy policies or practices of third party sites to which You choose to link from the Website.

6. Cookies

The Website makes use of “Cookies”.

The Website places cookies only for the purposes of carrying out or facilitating the transmission of a communication over an electronic communications network or providing an information society service explicitly requested by the User, such as registering the User’s acceptance of the general conditions or registering User’s preferences during a browser session. The User can install his/her web browser in such a way that his/her browser provides information about the reception of a cookie or makes it possible to refuse the placing of a cookie. However, the User should be aware of the fact that, if he/she refused the placing of cookies, some parts of the Website may not function properly or may be inaccessible or the requested information, service or activity may not be supplied.

7. Indemnification

You agree to defend, indemnify and hold Sensorscope and any of its officers, directors, employees and agents harmless from and against any and all claims, actions, liabilities, costs, settlement payment, interest, award, judgment, diminution in value, fine, fees, penalty, damages or other charge asserted by any third party rising from or related to Your use of the Website or conduct in connection therewith, or otherwise arising from or related to Your use of the Website and/or of the Data. You further agree to pay Sensorscope’s reasonable attorney’s and expert witness’ fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this paragraph.

8. Miscellaneous

8.1. Severability

In case a provision or a condition provided in these Terms of Use becomes or is held to be, for whatever reason, invalid or unenforceable, this will not affect the validity and enforceability of the other provisions of these Terms of Use. The meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and, as the case may be, the User accepts that a similar condition will apply, that is as close as possible with the purpose and consequences of the invalid or unenforceable provision.   If no feasible interpretation would save such provision, it shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect.

8.2. Suspension and/or removal of Content

With a view to improving or maintaining quality of the Website, Sensorscope may, without notice, suspend access to the Website in whole or in part, or temporarily or permanently suspend or remove some Content. Under no circumstances will such suspension or removal result in any compensation.

8.3. Contact Details

If You have any questions or comments regarding Sensorscope or the Website, please write at:

Sensorscope LLC
Attn: Webmaster
Parc Scientifique EPFL, PSE-D
CH-1015 Lausanne

e-mail: contact@sensorscope.ch

9. Governing Law and Jurisdiction

9.1. Governing Law

These Terms of Use shall be governed, interpreted and construed by, under and pursuant to the substantive laws of Switzerland, without reference to its conflict of laws.

9.2. Jurisdiction

Any dispute, controversy or claim arising out of or in relation to these Terms of Use, including the validity, invalidity, breach or termination thereof, shall be decided exclusively by the ordinary courts of Lausanne (canton of Vaud), Switzerland.
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