Terms of Use & Privacy

Terms of Use 

Preamble

PLEASE REVIEW BEFORE USING LAWDED’S WEBSITE.

IF YOU DO NOT AGREE WITH THE PRESENT TERMS OF USE DO NOT USE THIS WEBSITE OR ANY OF ITS SERVICES.

Generalities

Art.1       Introduction

These Terms of Use contain ground rules for your use of the Lawded’s services.

By accessing, using, or contributing to the Services, and in consideration for the Services provided to you, you agree to abide by the Terms.

Art.2       Changes

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. 

Lawded will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site solely at your own risk. Under no circumstances shall Lawded or its suppliers or licensors be liable for any direct, special, incidental, indirect, economic or consequential damages (including, but not limited to, loss of data or loss of use damages or lost profits) arising out of or connected with the site (including but not limited to its operation, its contents or the information or materials contained therein, or the use or inability to use any other site linked to the site, or any content contained in any such site, or these terms, or the privacy policy applicable to this site) even if Lawded, its suppliers, or licensors have been notified of the possibility of any damages. 

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.

Art.6       Waiver


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.

Art.7       Account(s)

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 (info@lawded.ch) 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

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.

Publishing service

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 themLawded retains no ownership on the posts of its Author(s) once deleted.

On a special demand from Lawded to Author(s), and with its 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 (info@lawded.ch). 

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 (info@lawded.ch)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 (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     Commercial use of the post 

Lawded reserves its right to use the content of the post and all the information provided by the author for commercial purposes. 

Use and search

Art.15     Content


The Services are provided solely for personal, non-commercial use. You may not take any material from this website and reformat, repost, or redisplay it for commercial purpose. You may not reformat, repost, or redisplay any material from this website for non-commercial purposes provided however that 

e.    you may redisplay the title, author and/or abstract for an individual document included in the Lawded eLibrary, together with a link to that document’s public abstract page on Lawded or a citation with indication of the source; 

f.     you may exercise any additional rights granted directly by the author or other valid copyright holder, and 

g.    you may cite or quote individual Lawded usage statistics, rankings, citations, and similar information with acknowledgment of the source, date, and URL for this information. 

These exceptions for non-commercial use apply only to specific documents and use of specific Lawded -provided statistics and other information. They do not convey any rights to reproduce or otherwise make use of all or a significant part of the Lawded eLibrary or Lawded -provided information, or all or a significant part of a category of the Lawded eLibrary or Lawded -provided information.

Lawded can not be hold liable and gives no guarantee explicit or implicit on the fact that the content present in its database be correct at the moment of their introduction online or hereafter. All liability is excluded with regards to the exactitude, the integrity and the choice of the content. The use of Lawded’s services takes place at the own risks of the user and Lawded declines all responsibility in the case a prejudice occurs in relation with the content provided by Author.

The abstracts or any opinion made available via the Website are the work of individual authors and do not necessarily represent the view of Lawded. Lawded assumes no responsibility for the accuracy, suitability, or completeness of any content provided.

The content of your work might be rated by users. This is a purely indicative information which does not reflect the opinion of Lawded on the quality of the post and on which Lawded or its users can not be hold liable.

Art.16     Fraud and plagiarism

The content displayed by Lawded must not be use to commit fraud or plagiarism. Lawded expels it whole liability in these cases.

Further, Lawded is ready to collaborate and give all the relevant information to the official requiring demander in order to fight against those misuse of its services, be it for the use of the proofreading. 

Art.17     Offering and termination

Lawded disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. 

Lawded reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability.

Privacy

Generalities

Art.18     Introduction

The following discloses the information gathering and dissemination practices on Lawded’s website. 

We reserve the right to modify the information contained herein at anytime without prior notice. If we do make changes to our privacy policies, we will modify this page accordingly. Check this page periodically for amendments. 

This site and all information and materials on it are provided to you “as is” without warranty of any kind.

The Swiss law and notably the Data Protection Act is applicablewithout regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply.

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.19     Normal Browsing


As with many websites, we collect certain information, even when you are not logged in. 

When you browse, read, or download information from Lawded, data is collected including but not limited to your IP address, URL request, browser type, and date and time of your request.

The purpose of those collection is to enable a better user experience (for instance, but no limit to: produce analysis). 

Lawded takes a user data friendly approach and try to limit the advertising and prevent the use of your data for other goals than forresearchand the amelioration of our Services.

Art.20     Information provided by user(s)


Further, Lawded requests personally identifiable information when you register for an account and is subject to the terms of use.

Such information may be used or requested to perform research, improve usability of the site, administer mailing lists or online communities, or other activities related to Lawded’s services. 

This information may include, but is not limited to, personal names, email addresses, social media account or profile, profile picture, personal description, and affiliation.

As an author by Lawded, you authorize us to provide publicly a profile of you that includes some of your personal data at your author slug address. 

Lawded is not liable for any misuse of your personal data.

Art.21     Disclosure of Information

Available log records, account information, and all data stored on our servers may be accessed by our system administrators. 

In the event that we are required by law (including a court order) to disclose the information you submit, we will provide you with notice (unless we are prohibited) that a request for your information has been made so that you may object to the disclosure. We will send this notice by email to the address you have given us. 

We prefer to independently object to overly broad requests for access to information about users of our site, but we cannot assure you that we will be able to do this in all cases. If you do not challenge the disclosure request yourself, we may be legally required to turn over your information.

Art.22     Cookies


As set forth above under art.19 Normal Browsing, anonymous users may receive session cookies while visiting our website while their browser is open. 

Registered Users have user account and are subject to the Lawded’s Terms of Use. Registered Users receive session cookies when they are signed into our site. 

To facilitate our registration and sign-in functions, we may use cookies to recognize when you return to our website. If you do not delete them, these cookies allow us to keep track of your username and password so that you do not have to resubmit the information to sign into your account. 

If others will be using your computer, you should sign out of your account and delete any cookies so that your sign-in information is cleared.

Art.23     Children’s Privacy


This website’s content is intended for adults and we will not knowingly collect personal information from children under 16 years of age.

If you are a parent or legal guardian of a child under age 16 who you believe has submitted personal information to this site, please contact us immediately.

Art.24     Posting


Posting or updating content is a public action undertaken by Registered Users who are subject to the Lawded’s Terms of Use. For the avoidance of doubt, identification of all contributed content may include, but is not limited to, display of your account name, your name and family name, your email address, your social media account. 

No content is retained for restorative, archival, or research purposes by Lawded. Editing or deleting content may alter the displayed state of the content, but could possibly not permanently delete the content from the website.

Art.25     Security


This site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of this site cannot be guaranteed by Lawded. 

Lawded shall not be responsible for any harm that you or any person may suffer as a result of any breach of confidentiality in respect to your use of Lawded.

Art.26     Other Websites


Material on this website may link to independently run websites outside of the www.Lawded.ch domain. Lawded is not responsible for the privacy practices or content of such websites. 

We encourage you to read the privacy policies of any websites you visit from this website.

Art.27     Person of contact


In case of questions or else, the data protection officer of this website is M. Gabriel Jaccard, info@lawded.chGabriel.jaccard@gmx.ch