Terms of Use

FOOTTOK AG provides the FOOTTOK website, digital platforms and other FOOTTOK digital services and content. The following Terms of Use and all documents referenced herein apply to all FOOTTOK platforms, except as otherwise provided for a particular FOOTTOK platform.

Acceptance of the Terms of Use

1.1 By accessing, downloading, installing or using FOOTTOK Platforms, whether or not you become a registered user, you inicate your agreement to these Terms of Use and your acknowledgement and understanding of them.

1.2 We reserve the right, at our sole discretion, to modify, amend or otherwise change the Terms of Use at any time. You must regularly consult the Terms of Use at www.foottok.com to keep yourself informed of any changes.

1.3 By your use of FOOTTOK Platforms, you agree that the posting of new or revised Terms of Use on FOOTTOK Platforms will provide you with reasonable and appropriate notice of any revisions or changes. Your continued use of the FOOTTOK Platforms following such revisions or following an express acceptance of the new Terms of Use when you log on to FOOTTOK Platforms will be deemed to constitute your acceptance of the revisions.

1.4 The use of certain service offerings of FOOTTOK may be subject to special terms of use depending on the particular service offering. By using such service offerings, you agree to be bound by the applicable terms of use. In the event of any conflict between these Terms of Use and such specific Terms of Use, the specific Terms of Use shall apply with respect to the particular service offering concerned.

1.5 These Terms of Use also govern the access to and use of the FOOTTOK Token Platform, which is part of the FOOTTOK Website. These Terms of Use do not apply to the purchase or sale of FOOTTOK Tokens and/or other FOOTTOK products and services, which are separately governed by the applicable Terms. You hereby acknowledge that merely registering to use or using FOOTTOK Platforms does not guarantee the availability of or your entitlement to purchase FOOTTOK Tokens, products and services.

Registration Obligations

2.1 Certain areas of FOOTTOK may require registration. Registration is required in order to use them. By registering, you represent and warrant that:

You are authorized to maintain a user account in accordance with these Terms of Use;
the information you provide during the registration process is accurate and truthful.
You are authorized to act on behalf of an organization or company to access and use the FOOTTOK Platforms;
have the consent of your parents or legal representative at the time of registration, provided that you are minor under the laws of the country in which you reside.
The opening and use of user accounts are permitted for individuals who are at least 18 years old of age or the age of majority under the laws of their country of residence if this age is more than 18 years.

2.2 With respect to the use of the Restricted Areas, you agree to:

provide true, correct, current and complete information about yourself (registration data) as specified in the registration form;
update and maintain such registration data as necessary to keep it true, accurate, current and complete.
If you provide any information that is not truthful, accurate, current and complete, or FOOTTOK AG has reason to believe that you may have provided information that is not truthful, accurate, current and complete, or if FOOTTOK AG believes for any other valid reason that you have violated any provision of these Terms of Use, FOOTTOK AG has the right to suspend or terminate your user account and refuse any and all current or future use of the FOOTTOK Platforms or any portion thereof.

User account, password, security

3.1 Upon completion of the registration process, you will receive a password and a user account name (as described in sections 2.1 and 2.2 of these Terms of Use). You are obliged to keep your password and user account confidential. You are also liable for all actions that take place under your password or user name.

3.2 You hereby undertake:

to notify FOOTTOK AG immediately of any unauthorized use of your password or user account and other security breaches;
to ensure that you close your user account properly at the end of each session.
FOOTTOK AG is not liable for any loss or damage that occurs as a result of you violating the provisions of this section.

3.3 FOOTTOK AG is entitled at its own discretion, including in the event of a breach of these terms of use on your part, at any time with or without notice:

to block your access (limited or not) to the FOOTTOK platforms in whole or in part;
to deactivate or delete your user account and all related information and files of these accounts as well as your user contributions (according to the definition below). In such a case, your access to content (according to the definition below) can also be blocked.
3.4 FOOTTOK AG’s right of termination within the meaning of Section 3.3 does not affect any rights or obligations that apply to you because you have completed a transaction to purchase FOOTTOK Security Token and / or other products and services on the FOOTTOK platform. You acknowledge and agree that all conditions applicable to such a purchase of FOOTTOK Security Token and / or other products and services remain in full force, regardless of the exercise of the right of termination defined in Section 3.3 by FOOTTOK AG.

Intellectual property and content

4.1 Subject to sections 4.4 (user contributions) and 4.9 (third party content), FOOTTOK AG and its licensees are the owners of the copyright and intellectual property rights to and from the FOOTTOK platforms as well as all information, data, texts, software, music, sound recordings, photos, Graphics, videos, news and feeds distributed through the Platforms (FOOTTOK Feeds), the application programming interface (FOOTTOK API) and other material on the FOOTTOK Platforms (collectively referred to as Content).

4.2 The FOOTTOK platforms include content i) provided by FOOTTOK (FOOTTOK content), ii) uploaded, published, transmitted or otherwise transmitted by users of the FOOTTOK platforms (user contributions) and iii) uploaded, published, transmitted by third parties or transmitted in any other way (third-party content).

4.3 Content may be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited solely for access to and use on the FOOTTOK Platforms, except as permitted under Section 4.2. For this sole and exclusive purpose, FOOTTOK AG grants you a limited, revocable, non-exclusive license for private, non-commercial access to the FOOTTOK platforms and for the use of the content solely for the purpose of using the FOOTTOK platforms in accordance with these terms of use. FOOTTOK AG and / or its licensees retain all rights to the FOOTTOK platforms and the content.

4.4 You retain all of your ownership rights to your User Contributions that you submit to the FOOTTOK Platforms. You are responsible for your own user contributions and the consequences of uploading them.

4.5 In some cases, the FOOTTOK platforms offer unfiltered access to user contributions. You acknowledge that FOOTTOK only serves as a platform for User Contributions and that we do not accept any liability for any User Submissions posted on the FOOTTOK Platforms for any violation of intellectual property rights, libel, slander, invasion of privacy, profanity or any other violation. FOOTTOK cannot assume any obligation to monitor user contributions. By its very nature, User Submissions on the Site are subject to frequent change. They can be inaccurate and in certain cases incorrect or misleading. With regard to user contributions, FOOTTOK AG neither expressly nor tacitly assumes any guarantees or assurances of any kind.

4.6 You declare and affirm that your User Contributions

do not infringe any copyright, patent or trademark law and do not infringe any trade secrets or other property rights or rights of data protection or personal rights, not even through use by FOOTTOK AG in accordance with the license granted under Section 4.7;
do not violate any laws and regulations;
are not defamatory or offensive;
do not contain profanity or pornographic representations;
do not contain any incomplete, false or inaccurate information about you or about any other person;
Do not contain viruses, Trojan horses, worms, logic bombs or other malicious computer programs designed to falsify, intercept, spy on or appropriate systems, databases or personal data. In particular, you represent and warrant that you have the written permission, release and / or consent of release and/or consent of any identifiable individual, mentioned in a User Contribution to use their name or picture.
4.7 You grant FOOTTOK AG an irrevocable, worldwide, simple, royalty-free, perpetual, sublicensable and transferable license, to use your User Contributions in connection with the FOOTTOK platforms or the businesses of FOOTTOK AG (or the legal successors of FOOTTOK) in any media format and use, reproduce, distribute, exhibit and perform through any media channels or create derivative works therefrom, including to promote and redistribute the FOOTTOK Platforms (and derivative works thereof) in whole or in part. Furthermore, you hereby grant each user of the FOOTTOK platforms a simple license to access and use your user contributions via the website.

4.8 You agree that FOOTTOK AG does not assume any obligation to publish user contributions from you or from other persons. Furthermore, FOOTTOK AG has the right, at its own discretion, to edit, remove and / or delete user contributions you have uploaded, and to terminate your access to the FOOTTOK platforms without prior notice if, in the opinion of FOOTTOK AG, you are violating another person’s intellectual property rights or otherwise violate any provisions of these Terms of Use. In particular, FOOTTOK AG reserves the right to determine the appearance, layout and functionality of the FOOTTOK platforms, which also includes the revision, formatting and editing of user contributions.

4.9 Your business relationships with resp. your participation in promotions of merchants or third-party advertisers with whom you have come into contact on or via the Footok platforms, including but not limited to the payment and delivery of goods or services as and any contractual arrangements, warranties or representations in connection with such transactions takes place exclusively between you and the respective dealer or advertiser. You hereby agree that:

FOOTTOK AG is neither responsible nor liable for losses or damages from such transactions or from the presence of dealers and advertisers on the FOOTTOK platforms;
Every order you place as well as all product specifications and product availabilities displayed within the FOOTTOK platforms (including online shops) are subject to the confirmation and the terms and conditions of the respective dealer or advertiser. Such products do not include any goods or services that are offered by or on behalf of FOOTTOK AG on FOOTTOK platforms. FOOTTOK AG has no control over any third-party content, including API, links or feeds from or to any other website or resource. You acknowledge and hereby agree that FOOTTOK AG is not responsible for the availability of any external websites or resources, nor endorses, nor is responsible or liable for any third-party content appearing or available thereon. Furthermore, you acknowledge and accept that FOOTTOK AG shall not be responsible or liable, directly or indirectly, for any damage or loss incurred in connection with the use of any such content, goods, services or other materials or reliance on any third party content, goods, services or other materials available through API, links or feeds available from or to any other website or resource are actually or allegedly caused. FOOTTOK AG is neither directly nor indirectly responsible or liable for any damage or loss arising in connection with the use of such content, goods, services or other materials resp. in reliance on third-party content, goods, services or other materials provided by API, Links or feeds available from or to other websites or resources are, actually or allegedly caused.
Linking and use of the FOOTTOK platforms

5.1 In the event that you wish to create a link to a FOOTTOK platform, you expressly undertake:

not to embed the FOOTTOK digital platforms as part of another website;
not to create any third-party association with the digital FOOTTOK platforms;
to properly attribute the digital FOOTTOK platform identified in the link to FOOTTOK AG and to ensure that the link does not expressly or tacitly indicate that FOOTTOK AG approves another website activity, company, resource or organization, promotes, supports or is associated with, does not portray the FOOTTOK Link and / or FOOTTOK’s activities in an incorrect, misleading, defamatory or derogatory manner or otherwise damage or take advantage of FOOTTOK’s reputation.
5.2 Furthermor, you are not authorized to use any content, names, logos, images or trademarks of FOOTTOK and / or third-party content, unless the respective rights holders have given their prior written consent. All applications for the use of FOOTTOK trademarks and images (see Section 6 below) must be submitted to FOOTTOK AG, info@foottok.com

5.3 FOOTTOK AG reserves the right to ask you to remove links to the FOOTTOK platforms at any time.

5.4 If you wish to use or display FOOTTOK content on your website:

a) FOOTTOK AG grants you a simple, non-transferable, royalty-free license to display such FOOTTOK content on your website exclusively for non-commercial purposes in accordance with the provisions of these Terms of Use.

b) You expressly agree to ensure that your use of FOOTTOK content does not expressly or tacitly indicate that FOOTTOK AG approves, promotes, or favors any other website activity, company or organization, resource or content, or is associated with it, the link does not depict FOOTTOK and / or FOOTTOK’s activities in an incorrect, misleading, defamatory or derogatory manner or otherwise harms or takes advantage of FOOTTOK’s reputation, and properly attribute the FOOTTOK content used to FOOTTOK AG in order to avoid misappropriation and confusion.

c) Whenever possible, you must provide a working link to the FOOTTOK article or material summarized in the relevant FOOTTOK feed.

5.5 You agree that you may not use the FOOTTOK platforms for any commercial purposes (whether directly within the FOOTTOK Platforms or by linking to other websites), such as by selling or offering to sell, without the prior consent of FOOTTOK AG of products, services or goods (with the exception of using the official FOOTTOK Token Platform to buy or sell FOOTTOK Tokens that you have already purchased).

5.6 You agree that you may not use any robots, spiders and other automated programs or manual processes in connection with your use of the FOOTTOK platforms in order to manipulate or circumvent its intended function, in particular with regard to the availability, purchase, sale and resale of FOOTTOK Tokens and / or products, services or goods.

FOOTTOK logo and trademarks

FOOTTOK logos, emblems and FOOTTOK events as well as product and service names of FOOTTOK are trademarks and copyrighted material of FOOTTOK AG (FOOTTOK trademarks). With the exception of the right to use FOOTTOK content granted in sections 4.3 and 5.4 (which may contain certain FOOTTOK AG brands), you consent not to show nor to use in any way the FOOTTOK AG brands, FOOTTOK content and other intellectual property rights which FOOTTOK AG owns and controls, without the prior written consent of FOOTTOK AG.

FOOTTOK AG respects the intellectual property rights of others. If you believe that your intellectual property rights have been infringed on the FOOTTOK platforms, please send the following information to FOOTTOK AG by e-mailm(info@foottok.com): first name, last name, address, e-mail -Address, nature and extent of the violation (date, time, etc.), info@foottok.com

Modifications and interruptions

FOOTTOK AG reserves the right to change the FOOTTOK platforms, the range of services and content (or any parts thereof) at any time or to temporarily or permanently discontinue them with or without prior notification. You agree that FOOTTOK AG is not liable to you or any third party for any changes, interruptions or settings of the FOOTTOK platforms, the range of services or content. Although FOOTTOK AG will endeavor to ensure that the content on the FOOTTOK platforms, the range of services and the content is up to date, it cannot guarantee this. FOOTTOK AG is not obliged to update content. Any changes, interruptions or discontinuance of the FOOTTOK Platforms’ service offering and/or content will not affect any rights or obligations that apply to you because you have completed an order or transaction to purchase FOOTTOK Tokens, products, services or goods on FOOTTOK Platforms.

By accessing or using the FOOTTOK platforms or by entering your personal data on the FOOTTOK platforms, you consent to the use of this data by FOOTTOK AG in accordance with the FOOTTOK AG data protection declaration, www.foottok.com/Datenschutzerklaerung.

Disclaimers

10.1 Access to and use of the FOOTTOK platforms is at your own risk. The FOOTTOK Platforms, Services and Content (including without limitation User Contributions and third-party content) are provided “as is” and subject to availability. FOOTTOK AG excludes any express or implicit guarantee in this regard, including the warranty of marketability, suitability for a specific purpose with regard to the non-infringement of intellectual property rights or the rights of third parties.

10.2 FOOTTOK AG makes no warranty or representation that the FOOTTOK platforms, the range of services or content will meet your requirements, that the FOOTTOK platforms, the range of services or content or feeds on the website will be uninterrupted, timely, secure and error–free, any results obtained from using of the FOOTTOK Platforms, services or content are accurate or reliable. The quality of products, services, goods and information that are available for purchase or otherwise through the FOOTTOK platforms, the services or content may differ from your expectations.

10.3 Downloading or otherwise obtaining any Content and materials through the use of FOOTTOK platforms is done at your own discretion and risk. You alone will be liable for any damage to your computer system or loss of data resulting from downloading such content and materials.

10.4 Comments and other information published on or in the FOOTTOK Platforms, the services or in the content should not be relied upon as advice unless they relate directly to the purchase or sale of any product or service. No oral or written information that you receive from FOOTTOK AG or through the digital FOOTTOK platforms, the services or content, constitute a guarantee or any other obligation not expressly listed in the terms of use, unless it relates directly to the purchase or sale of FOOTTOK Tokens, products, services and / or goods. FOOTTOK AG rejects all liability claims arising from the fact that a visitor to the FOOTTOK platforms or someone who was informed about the range of services or content has relied on certain information.

Indemnification

You agree to hold FOOTTOK AG and its subsidiaries, affiliates, licensors, licensees, officers, agents and other partners as well as employees harmless from and against any and all possible liability claims, losses, damages, claims, fines, penalties, costs and expenses, including among others reasonable legal fees that may arise in connection with:

Your use of the FOOTTOK Platforms, Services and Content, including all user contributions or third-party content, as well as your connection to the FOOTTOK Platforms, Services and Content;
Failure to comply with any provision of the Terms of Service or any third party claim that your user submissions or any other use of the FOOTTOK Platforms, the Services and the Content infringes or otherwise harms a third party intellectual property rights or other property or data protection rights.
Limitation of Liability

12.1 You expressly acknowledge and agree that FOOTTOK AG shall not be liable for any direct or indirect damage, incidental, special or consequential damage or liability for damages, including but not limited to claims for damages for loss of profits, loss of goodwill, loss of use, loss of data or other immaterial losses belong (even if FOOTTOK AG has been informed of the possibility of such damage occurring), regardless of the basis of the claim (whether liability in contract, tort, stricter liability or otherwise) that may arise as a result of:

the use or inability to use the FOOTTOK Platforms, Services or Content;
Costs of procuring substitute goods and services based on goods, data, information or services purchased or obtained through the FOOTTOK Platforms, or messages received on or transactions made through the FOOTTOK Platforms were settled;
unauthorized access to or alteration of your transmissions or data;
Statements or conduct of third parties on the FOOTTOK Platforms;
results of the FOOTTOK Platforms, the Service or any content of any websites linked to it or any materials published thereon;
any other matter related to the FOOTTOK Platforms, Services or Content.
12.2 You agree that notwithstanding any regulation or law to the contrary, any claim or cause of action arising out of or related to the use of the FOOTTOK Digital Platforms, Services or Content and the Terms of Use shall be settled within one year after arising of the relevant claim or cause of action.

Exclusions, Limitations Some states do not allow the exclusion of certain warranties or the limitation of liability or exclusion of liability or the incidental or consequential damages. As a result, some of the above restrictions in Sections 11 and 12 may not apply to you, even if they apply to the fullest extent permitted by law. The statutory rights of consumers are not affected in any way by the provisions in these Terms of Use, nor are any liability claims arising from negligence or fraud on the part of FOOTTOK AG ((i.e. in the event of intent or gross negligence), due to death or personal injury or other liability obligations which under applicable law cannot be excluded or restricted.

General information

14.1 In the event that the provisions of these Terms conflict with the provisions of the Third-Party Terms of Use on the FOOTTOK Platforms, the provisions of these Terms shall prevail.

14.2 The non-exercise of a right or the non-enforcement of a provision of the terms of use by FOOTTOK AG is not to be interpreted as a waiver.

14.3 In the event that a provision of these Terms of Use is invalid, the parties agree that the will of the parties, which is expressed in the relevant provision, will be implemented as far as possible and that the remaining provisions of these Terms of Use will remain fully valid and effective. The headings in these Terms of Use are for convenience only and have no legal or contractual effect.

14.4 You may not assign or transfer your rights or obligations under these Terms of Use or sublicense the performance of your obligations. FOOTTOK AG may assign or transfer any rights or obligations under these terms of use to third parties at any time without your separate permission or sublicense the fulfillment of obligations to third parties.

14.5 The terms of use and the relationship between you and FOOTTOK AG are subject to substantive Swiss law. All disputes in connection with these terms of use will be decided exclusively by the commercial court in Chur.

14.6 These Terms of Use are an English translation of the original version. In the event of discrepancies between the different language versions, the German version takes precedence and is decisive for the interpretation.

Breaches

Please report all breaches of these terms of use to FOOTTOK AG immediately, info@foottok.com