Terms of Use

These terms of use outline the rules and regulations for the use of duagon's Website In addition, these terms of use are also applicable for duagon's subsidiaries (together, “duagon”, “we”, or “our”). You understand and agree that you remain responsible for using your independent analysis, evaluation, and judgment in designing your systems and products. duagon provides duagon Services subject to these terms of use (“Terms of Use”).

By accessing and using this Website we assume you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. Do not continue to use this Website if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms of Use, Privacy Policy and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this Website and compliant to the duagon's terms of use. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

duagon reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. duagon reserves the right to terminate or restrict access to the Website for any reason whatsoever at its sole discretion. These Terms of Use may be modified by duagon at any time. Such modified Terms of Use shall be effective upon posting on this Website. It is important that you check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of this Website.

Disclaimer

Limitation of liability for content

Although care has been taken to ensure the accuracy, duagon assumes no guarantee for the topicality, correctness and completeness of the information presented on the Website. Basically excluded are liability claims against the company that are related to damages of a material or ideal kind and that are caused by the use or non-use of the presented information or false and incomplete information so long as no provable intentional or grossly negligent blame exists on the part of the company. All offers are free and not binding. The company expressly reserves the right to change, expand or remove parts of pages or the entire offer or to partially or entirely cease publication without particular notice. Your use of the Website and Materials is at your sole risk. All content is provided "as is" and "as available". duagon hereby expressly disclaims any representations or warranties of any kind express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this Website or the content.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device that results from the download of any such material. duagon does not warrant or make any representations as to the security of this Website. You acknowledge any information sent may be intercepted. duagon does not warrant that the Website or the Servers which make this Website available or electronic communications sent by duagon are free from viruses or any other harmful elements. In no event, shall duagon or any of its affiliates be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption) resulting from, arising out of or in connection with the use of, or inability to use this Website or the content, even if duagon has been advised of the possibility of such damages, any action brought against pertaining to or in connection with this Website must be commenced and notified to duagon in writing within one (1) year after the date the cause for action arose.

Limitation of liability for external links

A liability obligation for direct or indirect reference to third-party Websites («Links») that do not lie within the area of responsibility of the company will only come into effect when We have knowledge of the contents and it would be technically realizable and reasonable to prevent use in the event of unlawful content. It is herewith expressly declared by the Company that at the time of setting the links to the Websites to be linked, no illegal content whatsoever was detected. duagon has no influence on the current or future design, the presented content or the authorship of the linked pages that have been changed since setting the links. This statement retains its validity for all links and references set within the Website offer. For all illegal, false or incomplete content and especially for possible damages that occur after the use or non-use of such offered information, the liability lies solely with the supplier of the page to which reference is made. Under no circumstance will duagon be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. Any material downloaded or otherwise obtained through the use of the materials is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. By your use you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of Terms of Use and any other program and site specific terms.

Copyright

The company ensures that in all publications the copyright is observed for the pictures, sounds, video scenes and texts used, that self-produced pictures, sounds, video scenes and text are used or that use is made of license-free pictures, sounds, video scenes and texts. If protected trade names or trademarks are used within the Internet offer or, if necessary, named by third parties, these are without exception subject to the conditions of the respective valid trademark rights and the ownership rights of the respective registered owner. Purely as a result of naming, the conclusion cannot be drawn that these trade names are not protected by the rights of third parties! The copyright for published and self-produced objects remains solely with the company. The reproduction and use of these pictures, sounds, video scenes and texts in other electronic or printed publications is not permitted without the express agreement of the company.

Export Control

All information available on the Website is subject to EU export control regulations, specifically:

  • software and documents that you download from the Website is subject to the European export control regulations and dual-use export controls in the European Union.
  • controlled items may not leave the EU customs territory without an export authorization – this includes dual-use items like software, technology, documents and diagrams which are intended for use for civilian purposes and not intended for use in military applications.
  • in specific cases, additional EU restrictive measures may apply to dual-use exports.

You agree that you will not use the information available on the Website for any purpose that is unlawful or prohibited by the EU export control regulations. You may not:

  • export or transfer this software or documentation to any prohibited destination, entity or individual without the export authorization as required from the European Union.
  • use this software or document in any military applications including nuclear, chemical or biological weapons or weapon technologies.

You understand that you are solely responsible for compliance with any use, import and export restrictions as defined by the European Union (https://ec.europa.eu/trade/import-and-export-rules/).

Personal Information

Information submitted to duagon through forms on the Website or Materials is governed according to duagon's Privacy Policy. duagon may, from time to time, host a program or activity specific site that may require you to establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify duagon immediately of any unauthorized use of your account or any other breach of security here. duagon will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by duagon or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Use Terms

Without the consent of duagon, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. 

duagon considers it unlawful or prohibited if you use the Website or Materials for the following purposes: 

  1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Impersonate any person or entity, including, but not limited to, a duagon official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
  3. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  5. You may not use the Website or Materials in any manner that could damage, disable, overburden, or impair any duagon server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Website or Materials or interfere with any other party's use and enjoyment of the Website or Materials;
  6. You may not attempt to gain unauthorized access to any Website or Material, other accounts, computer systems or networks connected to any duagon server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Materials;
  7. Intentionally or unintentionally violate any applicable local, state, national or international law.

Ownership

You acknowledge and agree that duagon owns all legal rights, title and interest in and to the Materials and Website, including any duagon trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without duagon's prior written permission. Except as expressly provided herein, duagon does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of Zürich, Switzerland for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Web Site, provided that such exclusivity does not apply to legal actions initiated or brought by duagon.

Personal information provided or collected through or in connection with this Website shall only be used in accordance with duagon's Privacy Policy.