Terms and Conditions of Conteo Publisher

Version 2, 1. October 2021

These General Terms and Conditions of Conteo Publisher (“GTCs”) regulate the rights and obligations between the users of Conteo Publisher (“user”) and Conteo AG, Sihlquai 131, 8005 Zurich (“operator”).

The operator can amend the GTCs or its services at any time. Users will be notified about the amended GTCs or services by e-mail and the next time they visit Conteo Publisher. Users must accept the amended GTCs or services within 14 days of the first login after the change. Otherwise, they can no longer use Conteo Publisher.

1. Conteo Publisher’s offer

1.1. Conteo Publisher enables users to create content and present it on websites linked with Conteo (“linked websites”).

1.2. The conditions for the presentation of content depend on the type of content and the linked website on which the content is to be shown (see Section 3).

1.3. The operator can offer the user to prepare content for the user in Conteo Publisher, so that the user can present this content on linked websites.

2. Requirements and user’s obligations

2.1. Each user must have the capacity to enter into binding contracts.

2.2. Each user has to confirm that he/she entered all the information required for registration truthfully, correctly and completely, and to keep this information always up-to-date. In case of changes, the user is obliged to change this information immediately.

2.3. Each user is responsible for keeping his/her username and password secret, along with any other security features for logging in to Conteo Publisher. The user is responsible for all activities using his/her account.

2.4. Users are always responsible themselves for backing up and producing back-up copies of their content and data created in Conteo Publisher.

2.5. Each user is responsible for the content created by him/her in Conteo Publisher or presented on linked websites. Each user is obliged and guarantees to the operator that he/she will only create or present content and personal information that: (i) does not violate domestic or foreign legal regulations; (ii) does not violate contractual obligations (e.g. confidentiality); (iii) is not inappropriate or indecent; (iv) the user has the rights to and does not violate any proprietary rights or personality rights of third parties; (v) the user has the necessary consent for from the person involved, in accordance with the applicable data privacy laws. In the event of a violation of the regulations in Section 2, the user responsible indemnifies and holds the operator harmless in full scope for all costs and damages (including attorney's fees).

3. Presentation of content on linked websites

3.1. Users can create content in Conteo Publisher and present on linked websites. Depending on the type of content and the linked website, this can be done free of charge, as part of a paid package, or in exchange for payment per content.

3.2 The booking of the paid services is made either with the operator, the organization that operates the linked website, or a distribution partner.

3.3. The paid packages that are booked with the operator have a specific duration. If a package is not canceled, it is extended automatically by a specific period of time. Packages can be canceled with 15 days’ notice before the expiry of the specified duration by e-mail to servicedesk@conteo.io or by registered letter to the operator.

3.4. Presentation of content on certain linked websites is paid for per content. In this case, the content presentation must be booked by the user explicitly for the precise cost.

3.5. The operator can offer to the user to prepare the content in Conteo Publisher for a fee. After approval, this content is presented by the user on the linked website. Thus, the same rules apply to this content as for the content created by the user himself/herself.

3.6. The operator has the right at any time to block access to Conteo Publisher for a particular user, to not show content on the linked website anymore and to cancel a package without notice, if a user violates his/her obligations in accordance with these GTCs. Amounts already paid will not be refunded in this case, not even on a pro rata temporis basis.

4. Property rights and usage rights

4.1. Users (or their licensors) remain the proprietors of the content presented on Conteo Publisher. Users grant the operator, its linked companies and the organization that operates the affiliate website a non-exclusive, transferable, indefinite, gratuitous, worldwide right of use to the transferred content for use in Conteo Publisher, on linked websites, as well as outside these websites.

5. Guarantee

5.1. Although the operator normally tries to maintain the operation of Conteo Publisher and linked websites 24 hours a day, Conteo Publisher and linked websites are provided “as is,” without guarantee. In particular, the operator does not guarantee long-term and uninterrupted operation or error-free functioning of Conteo Publisher and linked websites (e.g. loss of functions or non-display of content), marketability or non-breach of third-party rights.

5.2. The operator does not perform verification of the content created in Conteo Publisher and presented on linked websites. Therefore, the operator cannot assume any guarantee for content, up-to-dateness, accuracy, legality, quality, or suitability for specific purposes of the content made available and presented. Responsibility for the content is borne solely by the user who creates or presents it.

5.3. However, the operator has the right to check the content in case of signs of violation of domestic or foreign legal regulations or third-party rights, signs of breaches of duty by users or quality defects, but also at its own discretion without providing any reasons, and to delete the content at its discretion without further inquiry or to block users’ access to Conteo Publisher. The operator can also comply with instructions of law enforcement authorities, courts or other authorities, if it is credibly asserted that legal regulations, third-party rights or other provisions of these GTCs have been violated.

5.4. Although website access is SSL-encrypted to protect the transmitted content and data, the operator cannot assume any guarantee for the security of content and data. Each transmission of content and data takes place at the user’s own risk.

6. Liability

6.1. Any liability of the operator arising from or in connection with the contractual relationship with users is excluded to the extent permitted by law.

7. Fee

7.1. If a paid package for the presentation of content, presentation of individual content or other paid services are booked (see Sections 3.2, 3.3, 3.4 and 3.5), the user must pay the operator’s invoice within 30 days of the invoice date.

8. Term

8.1. Users can have their Conteo Publisher account deleted at any time by contacting servicedesk@conteo.io.

8.2. If a paid package for the presentation of content, presentation of individual content or other paid services are booked (see Section 7), any remaining days between account deletion and the end of the paid period shall lapse.

8.3. In the event of gross breaches of contract, the operator reserves the right to cancel and delete the users’ Conteo Publisher accounts.

9. Miscellaneous provisions

9.1. These GTCs, together with the Privacy Policy of Conteo Publisher, definitively regulate the contractual relationship with users with respect to the use of Conteo Publisher.

9.2. If a provision or a part of a provision of these GTCs is found to be invalid, this provision shall be replaced by an economically equivalent provision, but the remaining provisions of these GTCs shall remain valid in full scope.

9.3. Operator’s notifications to users shall be deemed delivered effectively, if they are sent to the last e-mail address indicated in the account.

10. Applicable law and place of jurisdiction

10.1. These GTCs are subject to the substantive law of Switzerland, with the exclusion of international commercial law and the United Nations Convention on Contracts for the International Sale of Goods.

10.2. Disputes arising from or in connection with these GTCs or the use of Conteo Publisher are subject to the exclusive jurisdiction of the common courts of the city of Zurich, Switzerland.