PLEASE REVIEW BEFORE USING LAWDED’S WEBSITE.
By accessing, using, or contributing to the Services, and in consideration for the Services provided to you, you agree to abide by the Terms.
Lawded’s Administrators of the website reserves the right to change, at any time, at their sole discretion, the Terms under which Lawded’s services are offered.
Your continued use of this website following the posting of such changes will constitute your assent to all such changes.
Please periodically visit this section of the site to review the current version of the Terms.
These Terms supersede any verbal changes and can only be modified by written agreement.
Art.3 Governing law
These Terms are governed by Swiss law, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply.
The Terms apply to use of and contribution to Lawded and any account provided therefore.
The Terms constitute the entire agreement between the Parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
If for any reason the Court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
Art.4 Jurisdiction place
You agree to the sole and exclusive jurisdiction and venue of the cantonal State Court of Geneva, respectively the Swiss Federal Court in the event of any dispute of any kind arising from or relating to the website, or your use or review of it.
Art.5 Liability and indemnification
Lawded is provided on an “as is” and “as available” basis. It makes no representations or warranties of any kind, express or implied, as to the site’s operation or the information, content or materials included on this site or posted by the users, to the full extent permissible by applicable law.
Lawded hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose.
Regarding to the linking present on Lawded’s website, referring either to internal or external website, notably with regards to the linking from the content of submitted work or the page “Newsletter”, you agree on that Lawded bears no responsibility or liability for any content accessed or harm caused from its own or any third-party website.
The respective liability of Lawded, its suppliers and licensors shall be limited to the greatest extent permitted by applicable law.
All users acknowledge and agree to indemnify and hold Lawded, their affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of Lawded or the Services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.
Failure of Lawded to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
To use some of Lawded’s services, you may be required to complete a registration (“Inscription” tabs) and submission (“Publier” tabs) process.
You represent and warrant that all information provided by you are accurate and complete. Further, you engage yourself to maintain the accuracy and completeness of those information on a prompt timely basis.
You are solely responsible for maintaining the confidentiality and security of your password(s).
You understand and agree that you a fully responsible for all actions, information and postings made from your account(s) and profiles.
Any accounts you are create are not transferrable.
You agree to notify Lawded (firstname.lastname@example.org) immediately if you become aware of any unauthorized use of your account(s). You shall also allege proof that you are the true legal owner of the account.
Lawded reserves its right to terminate your account or restrict its access, or to delete it, including also deleting any content posted through it, with or without notice, for any or no reasons.
Art.8 Copyrights of Lawded.ch
All materials on the website are the copyright of Lawded or are reproduced with permission from other copyright owners. All rights are reserved. Lawded retains no ownership on the posts of its Author(s) once deleted.
The materials on this web site may be retrieved and downloaded solely for personal non-commercial use. No materials may otherwise be copied, modified, published, broadcast or otherwise distributed.
Art.9 Publishing and submission
Users grant to Lawded a limited, non-exclusive, worldwide, royalty free, revocable license to perform its Services. By contributing content to Lawded, you grant it a non-exclusive, royalty-free, perpetual, worldwide, revocable license to use your content in connection with the Services, including, without limitation, the rights to copy, distribute, transmit, publicly display, print, allow others to print, publicly perform, reproduce, edit, translate, and reformat your digital and non-digital content, and/or to incorporate it into a collective work.
All post on Lawded are reproduced with permission from their copyright owners. All rights are reserved to them.
In the event of a special demand from Lawded to Author(s), and with their authorization, posts may be published under Lawded’s name, as an archive of general interest. When a post is published under Lawded’s name as an archive of general interest, the Author(s) enable Lawded to display the posts on its website until revocation to be notified to the administrator (email@example.com).
The materials on Lawded website may be retrieved and downloaded solely for personal non-commercial use. No materials may otherwise be copied, modified, published, broadcast or otherwise distributed.
Art.10 Contents of publications
Author(s) are responsible for the content and linking of posts published on their account(s).
Any person who provides any material for inclusion on Lawded is responsible for ensuring that this material does not violate other parties’ copyright or other proprietary rights and does not otherwise violate law or applicable Lawded policy.
Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
Lawded does not pre-screen or regularly review any contributed content, but Lawded has the right (though not the obligation) to remove, without notice, any content posted which we consider, for any reason, to violate these Terms or to be outside the subject scope of the Services. Lawded may terminate any account, with or without notice, for posting such content.
Art.11 Representations and Warranties
By posting any content, you represent and warrant that you are more than 18 years old, and have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
Author must notably query and respect the specific rules regarding the publishing of works that apply to their University, law firm or other moral entity. The compliance with those requirements would be too burdensome for Lawded’s services.
You represent and warrant that you will not use any software, which sends repeated queries to Lawded, or otherwise send automated queries of any sort to Lawded.
You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libellous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.
You agree that you will not knowingly and with intent to defraud provide material and misleading information.
You represent and warrant that the content you supply does not violate the Terms.
Art.12 Social media auto-publishing
Users and Author(s) give the permission and accept their work to be published on the social media Lawded’s control, notably: its mensual Newsletter, its Facebook and LinkedIn page.
Lawded bears no liability in the displaying or lesion of personality or any other lesion in relation with the publishing on Lawded’s social media.
Art.13 Notice and take down & Copyrights complaints
If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, you can send us an email (firstname.lastname@example.org)alleging your claim and we will at plausible notice or in reasonable doubts put it the content into quarantine.
Notification and Counter notification requirement Information to provide to Lawded aims at alleging the proof. you must provide a written communication (e.g. with regular mail) that sets forth the information specified in the list below:
a. Identify with sufficient detail the copyrighted work that you believe has to been infringed
b. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Lawded to locate the material
c. Information reasonably sufficient to permit the Lawded to identify (name, family name,…) and contact the complaining party.
d. Allege proof of your right (documents, court order,…) ,
Lawded’s response to such notices are made as promptly as possible and will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. Whilst in this situation, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification.
Further, Lawded will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeated infringers.
As part of its general right to remove material, Lawded reserves the right in its sole discretion to delete or make inaccessible files that do or may contain material that violates law, or applicable Lawded policy, or the rights of third parties.
Please note that you anyone infringing or making claims that appeared false, misleading, or with light consideration will be hold liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.
For the rest, Lawded tries to follows and apply, the best it can, the best practices requirements set by the SIMSA (Swiss Internet Industry Association) regarding host providing and notably also its notice and take down procedure.
Art.14 Copyrights on the work
All work published by Author(s) or by Lawded in their names, are published under the license of Creative Commons “CC by SA” as described under the following section (section 14.1 to 14.9 included) (https://creativecommons.org/licenses/by-sa/2.0/)
“Collective Work” means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
“Derivative Work” means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image (“synching”) will be considered a Derivative Work for the purpose of this License.
“Licensor” means the individual or entity that offers the Work under the terms of this License.
“Original Author” means the individual or entity who created the Work.
“Work” means the copyrightable work of authorship offered under the terms of this License.
“You” means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
“License Elements” means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, ShareAlike.
Art.14.3 Fair use Rights
Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
Art.14.4 License Grant.
Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
to create and reproduce Derivative Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.
For the avoidance of doubt, where the work is a musical composition:
Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work.
Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights society or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work (“cover version”) and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients’ exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, a later version of this License with the same License Elements as this License, or a Creative Commons iCommons license that contains the same License Elements as this License (e.g. Attribution-ShareAlike 2.0 Japan). You must include a copy of, or the Uniform Resource Identifier for, this License or other license specified in the previous sentence with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients’ exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., “French translation of the Work by Original Author,” or “Screenplay based on original Work by Original Author”). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
Art.14.6 Representations, Warranties and Disclaimer
UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
Art.14.7 Limitation on Liability.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.