§ 1 General and scope of application
(1) The web agency fahrenheit (hereinafter: Biorhythm Calculator) operates a free online service under the website www.biorhythmus-online.ch, which includes services that can be used via mobile phones, other mobile devices or devices with internet access (hereinafter: online services).
§ 2 Subject and obligations
(1) Biorhythm Calculator offers a so-called "free online biorhythm calculator" via the online services. This service is free for the user.
(2) Biorhythm Calculator reserves the right to change, expand, terminate the offered online services at any time and to offer different or additional services.
(3) All contents of the online services are subject to copyright and trademark protection and other industrial property rights in favor of Biorhythm Calculator.
§ 3 Prohibited activities
(1) Prohibited activities are those which are illegal or which may not be published via the services of Biorhythm Calculator. Biorhythm Calculator reserves the right to investigate and take appropriate legal action against anyone who, in the sole and free discretion of Biorhythm Calculator, violates this provision, including, but not limited to, filing criminal charges with the police. Prohibited activities include, but are not limited to:
- criminal or unauthorized activities, including spamming, distribution of viruses and other harmful files
- the disturbance, interruption or excessive load of the services of Biorhythm Calculator
- the use of the services of Biorhythm Calculator in a way that violates the applicable laws and regulations
- to read out the contents on the pages of Biorhythm Calculator completely or partially, to process them by machine or to make them usable in any other way
(2) Biorhythm Calculator reserves the right to restrict, suspend or terminate access to the services of Biorhythm Calculator in whole or in part without prior notice.
§ 4 Warranty
(1) Biorhythm Calculator assumes no responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, as well as unauthorized access to or theft, destruction or modification of content of users. Biorhythm Calculator is not responsible for problems or technical malfunctions related to telephone networks or lines, online systems, servers or providers, computer equipment, software, and failure of e-mail or players due to technical problems or data congestion on the Internet and / or any of the services of Biorhythm-online, or any combination thereof.
(2) The services of Biorhythm Calculator are provided without warranty of defects and as available. Biorhythm Calculator does not guarantee that the services of Biorhythm Calculator are available at any time without interruption, timely, secure and error-free. Biorhythm Calculator disclaims any warranties of fitness for a particular purpose or omissions. Furthermore, Biorhythm Calculator does not guarantee or promise certain results from the use of the services of Biorhythm Calculator.
(3) Your right to withdraw from these conditions remains unaffected by the exclusion of warranty.
§ 5 limitations of liability
(1) This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
(2) Biorhythm Calculator excludes without limitation any liability for loss or damage of any kind that you or third parties in connection with the access or use of the Biorhythm Calculator website or parts thereof or from links to third party websites. The visit of the Biorhythm Calculator website, the use of the information contained there as well as the use of offers listed there is at your risk and responsibility.
(3) Excluded is also the liability for lost profits, for failures of the internet of all kinds (e.g. business interruption, malfunctions, viruses, harmful components, terrorist acts ... etc), misuse by third parties (viewing data, copies, etc.) and loss of programs or other data in your information systems. This also applies if the Biorhythm Calculator website refers to the possibility of such damages.
§ 6 Data protection and links
(1) Biorhythm Calculator has the right to store and process the data about the user received in relation to the business relationship or in connection with it in the sense of the Data Protection Act.
(4) Biorhythm Calculator is not responsible for the content, accuracy or opinions represented on linked websites. These websites are in no way checked or monitored by Biorhythm Calculator for accuracy and completeness. The presence of linked websites within the online services of Biorhythm Calculator does not allow any conclusions on the approval or recommendation of the linked website by Biorhythm Calculator. The access to such websites is at your own risk. Biorhythm Calculator is not responsible for the behavior of the user.
§ 7 Final provisions
(1) The law of Switzerland shall apply.
(2) For all possible disputes between you as a visitor and user of the Biorhythm Calculator website, which result from the operation or visit of the Biorhythm Calculator website, the courts in Switzerland are exclusively responsible. Applicable is exclusively Swiss law. Place of jurisdiction: Zurich, Switzerland.
(3) All agreements must be in writing to be effective. Amendments to the agreements must be in writing to be legally effective. This also applies to the waiver of the written form. Oral collateral agreements are invalid.