For the purposes of these terms and conditions, the term “user” means any person who accesses and consults the “Macwin.ch” website, as well as its various sections and related sites (services, shop, etc.).
The term “Macwin site” hereinafter refers to the “www.Macwin.ch” website and its related sections and sites.
These general conditions may be supplemented by specific conditions specific to the various services and sections offered on the Macwin site.
Consequently, the present general conditions are applicable to the extent that it does not derogate from them in the particular conditions mentioned above.
2. USE OF THE MACWIN SITE AND USER RESPONSIBILITY
2.1. Acceptance of general conditions
The user confirms having read and accepted these terms and conditions, failing which he is not authorized to consult the Macwin website.
The Macwin site may only be used for strictly private and non-commercial use.
Any other use is excluded without the prior written consent of Macwin.
Use of the Macwin site is the sole and exclusive responsibility of the user.
Any material downloaded and / or obtained in any way during the use of the Macwin site is at the risk of the user.
The user is liable to Macwin for any damage of any nature that it causes when using the Macwin site.
3. FORUMS, BLOGS, CATS AND OTHER SIMILAR FACTORS
3.1. Acceptance of general conditions
Any user who intends to post a message on a forum, blog, chat or any other similar section of the Macwin site must first read and accept these terms and conditions, in particular the obligations incumbent on him under section 3.4 below.
By posting a message on a forum, blog, chat or similar item, the user electronically signifies its unreserved acceptance of the terms and conditions.
3.2. Privacy of access settings
The access parameters, namely the username and password allowing the user to access the services of the Macwin site, are personal, confidential and non-transferable.
Therefore, the user agrees not to assign or communicate to a third party its access parameters and remains solely responsible for the use of these.
Macwin can not be held responsible for the use made by a third party (in particular comments made by the latter on a forum, blog, chat or other similar item) in possession of the user’s access settings.
The user agrees to immediately inform Macwin of any unauthorized use of its access settings.
3.3. Communication of the user’s email address
With the prior consent of the user, Macwin is authorized to make the e-mail address of the user accessible on the Macwin site to other users, in particular so that they may respond directly to the user.
For this purpose, the user can check online the corresponding box on the site Macwin. By ticking the box above, the user thus means that he accepts without reservation the communication of his email address to any other user of the Macwin site.
3.4. Obligations of the user
By communicating a message on a forum, blog, chat or any other similar section of the site Macwin, the user agrees to comply with all applicable legal provisions and not to infringe the rights of third parties.
In particular, the user agrees not to communicate any comments or content:
a) insulting, defamatory, slanderous or in any other way prejudicial to the honor or reputation of third parties;
b) racist, xenophobic, revisionist or negationist;
c) obscene, pornographic, pedophile, offensive or otherwise contrary to good morals;
d) interfering in any way with the rights of others, including the right to privacy, the right to the image, the right to the name, the right to human dignity, and the protection of children and adolescents;
e) infringing the intellectual property rights of others, including trademark rights, copyright (images, sounds, texts, photographs, software, etc.), as well as the rights of performers, producers of phonograms and videograms and broadcasting organizations;
f) inciting discrimination, hatred, violence, or committing a crime or misdemeanor or using illicit substances;
g) advertising, propaganda or proselytism; or
h) in any way contrary to the laws and regulations in force.
In addition, the user agrees not to communicate any message containing viruses or any other program that may cause damage to Macwin or third parties.
Finally, the user undertakes not to overload the server hosting the Macwin site, including using the site for sending emails, especially unsolicited advertising.
3.5. User responsibility
The user is solely and solely responsible, in civil, administrative and criminal terms, for comments and / or content (texts, images, sounds, etc.) that he / she communicates in forums, blogs, chats and other similar sections of the Macwin site.
Therefore, the user agrees to fully indemnify Macwin for any damages resulting from any recourse, dispute, claim for damages, or other actions or claims that third parties may be entitled to in any capacity as a result of the communication. by the user about and / or content on the Macwin site.
The user further agrees to support Macwin in any proceedings brought against him for these facts and to compensate him for his expenses, especially his legal and legal fees.
Macwin reserves the right, at the request of a judicial authority or a third party, to communicate any information in its possession that allows or facilitates the identification of the user, such as the IP address and the time of connection, especially in case of non-compliance by the user of the obligations defined in section 3.4 of these general terms and conditions.
3.6. Moderation and right of Macwin
Forums, blogs, chats and other similar topics offered on the Macwin site are likely to be moderated.
Therefore, Macwin reserves the right, in its sole and absolute discretion, to publish or not to post any message or content communicated by the user, to modify it, to keep it online or to delete it at any time without having to inform the user before or afterwards and without this being able to give rise to any claims of any nature whatsoever with regard to Macwin.
In addition, Macwin reserves the right to limit or remove access to its services to any user who does not comply with the provisions of these terms and conditions, especially in case of non-compliance with the obligations set out in section 3.4 of these terms and conditions
3.7. Assignment of rights
The messages and contents communicated by the user to Macwin must be free of any rights of third parties and are transmitted to Macwin under the sole and entire responsibility of the user.
The user expressly assigns to Macwin all of his intellectual property rights in the messages and content that he communicates to Macwin, including the right to reproduce, display, adapt, on any support and in any known or unknown format. to this day, by all systems and on all networks, including the Internet, for the whole world and for an unlimited duration.
4. INTELLECTUAL PROPERTY
Macwin is the exclusive owner of all intellectual property rights in both the structure and content of the Macwin site or has regularly acquired the rights to exploit the structure and content of the site.
In particular, any element reproduced on Macwin’s site, of whatever nature (text, images, sounds, photos, videos, music, data, logos, brands, software, etc.), is protected by copyright. intellectual property and is the exclusive property of Macwin and / or its partners.
In particular, Apple ® and its logo are registered trademarks of Apple Inc., and Windows and its logo are registered trademarks of Microsoft Corporation.
Therefore, any reproduction (including downloading, printing, etc.), representation, adaptation, modification, translation, transformation, dissemination, integration into another site, commercial exploitation or not, and / or reuse in any way whatsoever. all or part of the elements reproduced on the site of Macwin is strictly prohibited without the prior written authorization of Macwin.
The consultation and use of the Macwin site does not confer any intellectual property rights to the user on any element reproduced on the site.
Are reserved, within the limits of the applicable legal provisions of Swiss law, the right of private use, the right of quotation and the current report.
Any unauthorized use of any element reproduced on the Macwin site (piracy, counterfeiting, etc.) may give rise to civil and / or criminal prosecution and to the payment of damages.
5. HYPERTEXT LINKS
5.1. Hypertext links
Except in cases where the third party site (“linking site”) contains prohibited information and / or content as defined in section 3.4 of these general conditions, it is in principle authorized to create a link from a site linking to the site of Macwin, provided that this link opens a new browser window.
In any case, the hypertext link must not be used in any way to allow the massive sending of messages, such as a pre-written message sent to an email address linked to the Macwin site..
Any transclusion is strictly prohibited without the prior written consent of Macwin.
By transclusion, we mean any link allowing access to a part of a website by showing it in a framework of the site linking (“framing”) or giving direct access to one or more work (s), including reading a text, viewing an image or video, or listening to sound or music.
5.3. Hypertext links from the Macwin site
The Macwin site may contain hypertext links to other websites.
The user visits these sites under his sole and entire responsibility.
Therefore, Macwin can not be held responsible for proposing such hypertext links.
In addition, Macwin is in no way responsible for the content or existence of the sites concerned, nor for any damage, direct or indirect, suffered by the user due to the consultation and / or use a third party site accessible from the Macwin site.
6. LIMITATION OF LIABILITY
Despite the greatest care to create and update the site, Macwin can not guarantee the accuracy of the information contained therein.
The Macwin site is in principle accessible 24 hours a day. Macwin reserves the right, at any time and without notice, to modify or discontinue temporarily or permanently all or part of the Macwin site and / or services. proposed by the latter, without it giving rise to any recourse, claim or claim of any kind whatsoever with respect to Macwin. Macwin can not be held responsible for technical impossibility of connection, whatever the cause (force majeure, maintenance operation, editorial update, interruption or network failure, power failure, failure, misconfiguration or misuse of the user’s computer, receiving equipment or telephone lines, or any other cause depending on Macwin’s.
Macwin does not warrant that the Macwin server and the Macwin site are free of viruses. Therefore, Macwin can not be held responsible for virus contamination of the user’s computer equipment.
It is the responsibility of the user to take all necessary measures to protect his own data, software, computer and other computer equipment from contamination by possible viruses circulating on the Internet..
Therefore, subject to liability arising from the mandatory legal provisions of Swiss law, Macwin can not be held liable for any errors, inaccuracies or omissions, as well as for any direct or indirect damage, of any nature whatsoever, including loss of profits, customers, data, material or immaterial goods resulting from the consultation and / or use and / or inability to use the Macwin site. In addition, Macwin is in no way responsible for the operation of the software as well as the transmission of any data or information on the Internet, or in case of total or partial piracy of its site and the damage that such hacking could cause to the user or to third parties.
In addition, Macwin does not guarantee in any way the rate and data transfer time from the server hosting the Macwin site to the Internet and the user’s computer.
Macwin can not be held responsible if comments or images contained on its site, especially in forums, blogs, chats and other similar items, were to offend some particularly sensitive people.
Forums, blogs, chats and other similar sections published on the Macwin site, including those written by Macwin employees, express the personal opinion of their author and are binding only on them.
Therefore, they do not represent any official notice of Macwin.
7. PERSONAL DATA
7.1. Collection and processing of personal data
Macwin may collect personal data about the user. This is particularly the case when the user gives Macwin personal information (name, surname, address, etc.) in order to be authorized to use services offered by the Macwin site (registration for a forum, a contest , etc.).
Personal data collected by Macwin are processed in accordance with the provisions of the Federal Data Protection Act of 19 June 1992.
7.2. Confidentiality and communication of personal data
The personal data communicated by the user are kept confidential.
They will only be passed on to third parties with the express authorization of the user or where their disclosure is necessary for the identification, prosecution or prosecution of any person infringing the rights of Macwin or others. , in particular if the user uses the site of Macwin to diffuse remarks or prohibited contents within the meaning of the figure 3.4 of these general conditions.
Personal data may be transmitted to Macwin partners when the user participates in a game or contest organized in collaboration with these partners and to win prizes.
In this case, Macwin reserves the right to communicate to its partners the necessary information so that they can identify and deliver the lots concerned, including the surname, first name and address of the user.
However, when the personal data concern minors, Macwin will transmit such data only with the express agreement of the legal representatives.
Macwin ensures, through appropriate organizational and technical measures, that the user’s personal data is protected against unauthorized processing.
Macwin specifically protects such data against the risk of accidental or unauthorized destruction, accidental loss, technical errors, falsification, theft or unlawful use, modification, copying, access or other unauthorized processing.
Macwin strives to take all necessary measures to ensure the confidentiality of data communications over the Internet.
However, the user acknowledges that it is not possible to guarantee absolute security in the transfer of data over the Internet.
Therefore, personal data is communicated to Macwin under the sole and complete responsibility of the user.
Macwin can not be held responsible for any incidents that may occur during the transmission of data by the user, especially in case of data loss or hacking of communication by a third party
7.3. Use of data by Macwin
Macwin has the right to process personal data for the management of its relations with users of the Macwin site, as well as for the purpose of control and regularity of operations of participation in games, contests, forums, blogs, chats and other services offered on the Macwin site, as well as to fight against possible abuses and irregularities.
Any use by Macwin or its partners of personal data for the purpose of marketing, public relations or commercial prospecting is subject to the express authorization of the user.
The user has the opportunity to indicate whether or not he wishes to receive promotional offers or information of a commercial nature on other products or services offered by Macwin or its partners by checking online the box provided for this purpose.
The provisions of the Federal Data Protection Act concerning the right to process personal data in a professional manner for publication in the editorial section of a periodical medium are reserved.
Macwin reserves the right to collect, process and analyze personal data for research and statistical purposes (number and frequency of visits to the site, number of visitors, typology of users, pages visited, etc.) and to publish or transmit this data to third parties in a form that does not identify the persons concerned.
7.4. Communication of personal data by the user to third parties
For services offered by a third party, via a link available on the Macwin site, this third party is solely responsible for the collection and processing of personal data communicated to him by the user. Macwin does not collect or store the data provided by the user on this occasion.
If the user voluntarily distributes personal data on forums, blogs, chats or other similar items offered by the site Macwin, it is warned that such data may be collected by third parties.
Subsequent use of these data by the latter is therefore in no way subject to the control of Macwin, which can not therefore be held responsible for such use and the resulting consequences..
7.5. Permission to access
The user has the right to consult free of charge the personal data concerning him and to have them corrected or deleted if they prove to be incorrect, incomplete or irrelevant.
The user who wishes to use this right must send a request by post, dated and signed, accompanied by a copy of the front and back of his identity card, to the following address:
Macwin LLC, Route des Vernasses 38, 1977 Icogne.
The user is informed that cookies may be stored on the hard drive of his computer to record information about his visits to the Macwin site.
Cookies are used to recognize the user and to facilitate and personalize the use of the Macwin site by memorizing certain parameters.
Cookies are used in particular to obtain information on pages viewed and dates and hours of consultation.
The user can at any time guard against the recording and storage of cookies in his computer by disabling the corresponding option in his browser.
8. FINAL PROVISIONS
8.1. The different language versions
8.2. Applicable law and jurisdiction
These general conditions are subject to Swiss law.
In case of dispute, the courts of Sierre (Switzerland) are exclusively competent.
Icogne, April 24th 2018