General Terms and Conditions

Terms and Conditions of Sitios

By registering on Sitios, you (hereinafter "user") expressly agree to be bound by the terms of use of the association Sitios, c/o Pro Infirmis, Feldeggstrasse 71, 8032 Zurich, Switzerland (hereinafter: Sitios). The terms of use govern the relationship between Sitios and you conclusively.

Services

  1. Sitios aims to be a general purpose platform and database with the intention of informing people with walking disabilities or other physical limitations about access to public buildings, restaurants, shopping centers, movie theaters, etc.
  2. The use of the tools and features of Sitios (hereafter "platform") listed below is only possible after registration. Once registered, the platform user can use the following features:
    • creating a profile to fully use the platform,
    • creating and editing entries with descriptions concerning the accessibility of public buildings, restaurants, shopping centers, movie theaters, etc.,
    • editing contributions from other users,
    • using the community features,
    • access to all articles and entries,
    • commenting on articles, posts and other entries,
  3. Unless specified otherwise in these terms, the use of all features is only permitted for personal use. The use of Sitios for commercial purposes by the user is prohibited. By registering, the user undertakes not to place any advertising or other commercial data on the platform or to publish it for this purpose.
  4. Using the platform is free of charge.
  5. The user has no claim to access the platform or use the platform features.

Conditions for granting the rights of use

  1. The user must register to create entries on the Sitios platform. The user ensures that he/she will register only once on Sitios and create only one user profile. The user is not entitled to create profiles for third parties without the prior consent of Sitios.
  2. By registering on Sitios, the user warrants that he/she has reached the age of 16 and has the legal capacity to act, or that the registration has been authorised by a legal representative. By registering, the user expressly declares that he/she has understood the Sitios terms and conditions and agrees with them.
  3. The user guarantees that all data provided during registration on Sitios is truthful and complete. The user is obliged to notify Sitios immediately of any changes to his/her user data, which can be done by adjusting the profile settings.
  4. The user guarantees to publish only truthful and no misleading information in his/her profile, within the platform and when using the community features.
  5. The user further guarantees that the data/content (in particular photos and contributions) provided and published by him within the platform
    • do not violate any third-party rights;
    • do not violate any applicable laws;
    • do not cause damage to persons or property (e.g. via virus attacks, uploading codes, chain e-mails, spam, etc.) or harass persons in any other way;
    • do not collect content or information from users by means of automated mechanisms (such as bots, robots, spiders, scrapers, etc.) or access Sitios in any way other than through their own profile;
    • do not violate the privacy of third parties and the general right to the protection of personality;
    • contain no pornographic, obscene, or otherwise immoral or offensive content.

Restriction of use

  1. Sitios reserves the right, at its own discretion and without prior notice, to define, restrict or extend the data volumes and/or other specifications available to the user with regard to the type and scope of the service.
  2. Sitios has the right to delete the data and published content posted by the user at any time. Sitios is also entitled to reject, edit or delete data uploaded by the user to the platform and visible to other users concerning Sitios, its services, Internet presence and/or Internet offering. Certain data on the platform may also be changed by other users as part of the crowdsourcing functions.

  3. Furthermore, Sitios is entitled to block all or certain user data without prior notice or warning as well as remove them partially or completely without explanation or not to save the data provided by the user for uploading. Such actions in particular shall be handled by Sitios in the following way:

    1. The assumption is that the user is in violation of these general terms and conditions.
    2. The assumption is that the user’s actions are in violation of applicable law.
    3. The assumption is that the user is storing or publishing pornographic, obscene or otherwise immoral content on the platform.

    At the user’s request, Sitios will usually inform the user of the reasons for blocking or deleting the data.

  4. At the request of a Swiss authority, Sitios is entitled to transfer data/contents of the user to the authority without a court order.
  5. The user has neither a claim to access the platform nor to use the features. Furthermore, Sitios shall be entitled to delete the user’s profile and access rights to the platform at any time and without prior notice.
  6. The actions of Sitios mentioned in sections 3.1 to 3.5 do not allow for any claims on the part of the user, in particular to claims for damages.

Intellectual property in particular

  1. By uploading and publishing photos, videos, texts, data or other content to which the user has intellectual property rights, the user expressly grants Sitios a royalty-free, non-exclusive, transferable, sublicensable, worldwide license to use this intellectual property. The license to the intellectual property of the user continues to exist even after the profile has been deleted and only ends with the user’s request to delete the published content. In this case, deletion of the content will take place within 30 days.
  2. In particular, the license pursuant to section 4.1 of the terms and conditions grants Sitios the right to reproduce, distribute, alter, publish and make publicly accessible the data/contents, including photographs, in unchanged or redesigned form, in whole or in part, as often as desired for all purposes of exploitation, including transfer to other forms of works, irrespective of the media, processes and/or technologies used for this purpose, insofar as this is necessary for the use of the respective data/contents.
  3. If the user wishes to delete the photos, videos, texts, data or other content to which they have intellectual property rights, they themselves must inform the other users with whom they have shared the content. If a user does not comply with the request for deletion, the authorized user shall inform Sitios of this by specifying the exact content (including publication date) and the user refusing to comply. Sitios shall examine the user’s request and delete the content in question if its intellectual property has been proven.
  4. Sitios endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all its own publications, to use graphics, sound documents, video sequences and texts created by Sitios itself or to make use of license-free graphics, sound documents, video sequences and texts. If, despite thorough examination, should Sitios or an author commit an infringement against third-party copyright or other industrial property rights, it is requested that the portal operator be informed of the problematic facts before taking the step of issuing a warning with fines. In the event of an infringement, Sitios will immediately remove it, regardless of whether the infringement of intellectual property was committed by Sitios itself or by the user.

    Graphics, sound documents, video sequences and texts created or published by users of Sitios are not checked by Sitios for any infringements of third-party copyright or other industrial property rights. Should any infringements of third-party copyright or other industrial property rights be ascertained, we ask you to inform the portal operator of the problematic circumstances before taking the step of issuing a warning with costs. In the event of an infringement, Sitios will immediately remove it, regardless of whether the infringement of intellectual property was committed by Sitios itself or by the user.

  5. All rights to app, the Sitios website, and the content of the Sitios website, in particular to texts, images, graphics, sounds, animations and videos as well as to trademarks, logos or business designations, are reserved by Sitios. The user expressly undertakes not to reproduce, distribute, alter or make accessible to third parties the contents of Sitios.

  6. The copyright for objects created and published by the user remains solely with the user of Sitios. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author’s agreement.

Security

  1. When registering, the user chooses a password. The user is obliged to keep their password secret, not to allow any other person to access their account or to carry out any other actions that could endanger the security of their account.
  2. Sitios undertakes not to disclose the password to third parties and not to ask the user for the password at any time.
  3. The user undertakes not to transfer their profile on Sitios to third parties without the prior written consent of Sitios.

Liability

  1. Sitios’s liability is limited to gross negligence and intentional damage caused to the user as a result of the actions of Sitios. Liability on the part of Sitios for compensation for indirect, indirect or consequential damage as well as loss of profit, loss of earnings, unrealized savings, etc. – irrespective of the legal basis – is expressly excluded. Any liability on the part of Sitios for damage arising from slight or ordinary negligence on the part of Sitios shall be excluded irrespective of the legal basis.
  2. The user’s claims for damages are limited per claim to the amount of the sum insured under the property liability insurance or, if the amount is lower, to the actual loss incurred.
  3. Sitios cannot technically determine with certainty whether a user registered on Sitios is actually the person the user claims to be. Sitios therefore does not guarantee the actual identity of a user. Every user has to convince himself of the identity of another user. Liability on the part of Sitios is excluded for any damage incurred by the user as a result of actions or published content and/or data of another user.
  4. Sitios is under no obligation to check, in particular with regard to the legal admissibility and accuracy, timeliness and completeness of the data and published content provided by individual users. Sitios accepts no liability for illegal, untrue, misleading and/or deceptive content published by users on the platform or shared by users. Such content and data may be deleted in accordance with section 3 of the terms of use after Sitios has been notified by the user.
  5. Sitios accepts no liability whatsoever for direct or indirect references to external websites (hyperlinks) which lie outside the area of responsibility of Sitios. The user expressly declares that they will visit external websites via hyperlinks at their own risk.
  6. Sitios does not check the hyperlinks to third-party websites and accepts no liability for any unlawful content on these websites. The liability of Sitios is excluded. Should hyperlinks refer to illegal or offensive content, the user expressly undertakes to report this to Sitios after discovery. The hyperlink will then be removed from the platform as quickly as possible after the content of the website of third parties has been checked by Sitios in accordance with art. 3 of the terms and conditions. Sitios hereby expressly distances itself from all content of all linked pages, since this content was created by third parties without the influence of Sitios. This statement applies to all links and references set within the platform as well as to user entries.
  7. It is impossible for Sitios to completely protect the platform from illegal access. However, Sitios makes every effort to prevent illegal access to the platform. If illegal access is discovered, the user is to notify Sitios immediately. Liability on the part of Sitios for illegal access by third parties is excluded.
  8. The user is obliged to indemnify Sitios against all claims, in particular claims for damages, made by other users or third parties against Sitios, which are caused by the user due to negligent or intentional conduct. The indemnification also includes all costs incurred by Sitios for lawyers, court proceedings, etc.

Contract duration/termination

This user contract is concluded for an indefinite period and can be terminated by both the user and Sitios (via a deletion feature within the platform profile) at any time without notice.

Final provisions

  1. Sitios reserves the right to change the general terms and conditions at any time without explanation. Users shall be notified of any changes to the terms and conditions at least seven days before they come into effect. By continuing to use the platform after the new general terms and conditions have come into effect, the user declares their express acceptance of the new terms and conditions.
  2. Should individual provisions of these general terms and conditions be or become void, invalid, illegal or ineffective, this shall not affect the effectiveness of the remaining provisions. Instead of the invalid, void, illegal or ineffective regulation, the legal regulation shall be applied.
  3. By using the platform, the user expressly declares that Swiss law is applicable to all legal disputes arising from the use of the platform to the exclusion of international private law and the UN convention on contracts for the international sale of goods (CISG).
  4. The exclusive place of jurisdiction for legal disputes arising out of or in connection with the conclusion, existence or effect of these terms and conditions or arising out of the use of the platform shall be Zurich (city).