General Terms of Use

I. General remarks

The Open-Hub web platform is operated by the Swiss Federation for the Blind and Visually Impaired (SBV). The SBV expressly reserves the right to amend, interrupt and temporarily or permanently shut down the forum and comments area at any time, with or without notifying the users. Such action shall not entitle the users to compensation or any other guarantee claims.

Moreover, the SBV expressly reserves the right to amend these contractual terms at any time. Should amendments of this nature be made, the SBV will publish them immediately in the news area. It is the users’ responsibility to keep themselves informed about the current version of the terms of use on the Open-Hub web platform.

 

II Rules of conduct

The following rules of conduct are to be strictly observed: Defamatory contributions or contributions with content that is racist, discriminatory, sexist, pornographic or glorifies violence are prohibited.

Moreover, no material is to be published that may be seen as threatening, abusive, pestering, libellous, vulgar, hateful or damaging in some other way. The SBV reserves the right to remove in full and without notification any contributions on Open-Hub that infringe the rules and to exclude users from making use of the offers in the event of violation of the rules. Infringements of the rules of conduct and improper use will be prosecuted under criminal and civil law.

 

III. User-generated content (UGC)

§ 1 Area of applicability

In this contract, the SBV establishes rights and obligations for all users, irrespective of, in particular, age, place of jurisdiction or residence of the respective user.

These terms of business govern the use of the user-generated-content offerings provided by the SBV (UGC offerings).

 

§ 2 The service offered

The SBV provides a UGC platform within the scope of the existing technical and operational capabilities that enables the users to upload their own content (video, audio, image files, etc.) to the Open-Hub web platform.

The platform is edited and maintained online and can be filled with content. As part of this offering, registered users are permitted to upload and publish self-produced content (video, audio and image files, etc.) subject to the terms set out in these General Terms of Use.

 

§ 3 The users’ personal data / registration

The user chooses a user name and user password at the time of registration for the online services. He/she is obliged to keep his/her login data for the UGC platform secret and not make it available to third parties. Users are responsible for all actions undertaken using their login data.

The user affirms that the personal data entered is truthful and complete. The user consents to his/her data being registered and stored electronically on Open-Hub. The data will not be passed on to third parties.

Incomplete registration and false statements will result in the rejection of users. Users are obliged to keep their personal data up-to-date. Changes in personal data (new e-mail address, for example) are to be notified at once. The SBV reserves the right to delete false details. When handling users’ data, the SBV will act in accordance with the Federal Act on Data Protection and the relevant cantonal provisions.

 

§ 4 The users’ responsibilities

The users are personally responsible for all content published by them. The SBV does not routinely monitor the entire scope of content generated via the UGC platform.

In addition to observing the above-mentioned rules of conduct under section II, the users also specifically undertake to refrain from publishing any content that contravenes prevailing Swiss law and/or infringes the rights of third parties (including their personal rights).

In addition, the users shall refrain from offering and linking to the following content:

  • Content that is to be regarded as obscene, insulting, defamatory, offensive, pornographic, pestering, racist, xenophobic or objectionable in some other way in accordance with general moral concepts and – subject to public decrees and decisions of Swiss authorities and courts – in accordance with the decision by the SBV;  
  • Content that might be harmful to the image of the SBV;
  • Content that is potentially harmful to others such as viruses, trojans, spyware, phishing calls or guides to the production of content of this nature.

The user shall be liable to the SBV to this effect in the event of any recourse, legal dispute, demand, claim for damages or other actions instituted or asserted by third parties against the SBV in any capacity following the submission of the user’s files, including image, video, audio files and comments.

 

§ 5 Assignment of rights

  • By uploading content (video, audio, image files, etc.), the user expressly allows them to be viewed by Open-Hub visitors.
  • The user grants the SBV full, non-exclusive rights without limitation as to time, territorial or factual scope for the use of the uploaded content (video, audio and image files, etc.). The content may also be embedded as a link on other websites and played back or made available for retrieval by means of an upload on third-party websites.

The rights of the collective rights management organisation SUISA are reserved.

  • The user affirms that he/she is entitled, also, if applicable, in respect of the co-authors, protagonists and other performers, to publish the content and that he/she has the consent of all identifiable persons in the video, audio or image file for the purposes described here.
  • The user shall be liable to the SBV to this effect for any recourse, legal dispute, claim for damages and other legal actions and demands instituted or asserted by third parties against the SBV in respect of the publication of the user’s video, audio and image files.

 

§ 6 Blocking of user accounts at the SBV’s discretion

The SBV is entitled to block a user account at any time, as well as to delete the published video, audio and image files. This shall apply if the SBV becomes aware of a failure to comply with the contractual obligations. Moreover, an infringement of this kind may involve civil and criminal prosecution for the user.

 

§ 7 Limitations of liability

The SBV assumes no responsibility for the availability of the servers, the content and stored messages and comments, nor for the functioning of the service, the correctness, suitability, reliability or accuracy of the information published thereby. This applies, in particular, to information disseminated on the platform by users.

Subject to any mandatory legal provisions, the SBV accepts no liability for loss of data and/or other losses incurred by users or third parties as a result of the use of Open-Hub.

Moreover, the SBV accepts no liability for the operational reliability and compatibility of the user’s hardware and software. Users are personally responsible for the hardware and software used by them.

 

§ 8 Interception of data by third parties on the Internet

The user accepts that, when transmitting data over the Internet, there is a risk of this data falling into the hands of unauthorised third parties.

 

§ 9 Support

The SBV provides no technical support whatsoever in connection with the use of the service.

 

§ 10 Costs

The Open-Hub platform is provided free of charge for users and visitors.

 

§ 11 Data back-up

The SBV assumes no responsibility for backing up or archiving the data entered.

 

§ 12 Indemnity

The users concerned shall bear responsibility for any liability and for all obligations and expenses incurred by the SBV, as well as for any claims against the SBV arising out of damage due to defamation, insult, infringement of personal rights, due to the unavailability of services for users, the infringement of intellectual property or other rights. The user shall bear the costs arising in this matter for an appropriate legal defence and prosecution against third parties incurred by the service, that is to say its personnel and/or third parties.

 

§ 13 Commencement, duration and termination of the agreement

The agreement between the SBV and the user comes into effect following a request made by the user, by creating a user account and accepting the General Terms of Use. The agreement is open-ended and may be terminated by either party at any time.

 

§ 14 Applicable law and place of jurisdiction

All legal relationships between the SBV and the users are governed by Swiss law. The exclusive place of jurisdiction shall be the headquarters of the SBV, subject to mandatory places of jurisdiction.

 

Bern, 01.01.2016