BeeTagg System General Terms of Use

Edition January 2008

§ 1 Scope

Connvision Inc. (hereinafter referred to as connvision) conducts the Mobile Tagging System BeeTagg. The present terms of use control the contractual relationship between the customer and connvicion for the use of the BeeTagg System, including the BeeTaggs, as well as the services and the supply of services (hereinafter referred to as services) provided on the BeeTagg website. Referred to as “customer” is everyone who applies BeeTagg Codes, Software or Services.
The use of certain services can be subject to special terms of use. 
By using the BeeTagg System, the customer agrees to the substance of the present terms of use.

§ 2 Service of connvision

2.1. Content and Functionality of the BeeTagg System
On the BeeTagg website, various services of the BeeTagg System are available to the customer: BeeTagg Generators, VCard Generators, MobileFeeds, etc.
Furthermore, the customer can download the software (BeeTagg Reader) needed for the use of the BeeTagg System.
connvision can independently choose the website’s content and design. Connvision can always change, extend or cease existing services.
Moreover, the BeeTagg System contains a Redirection Server that processes requests from BeeTagg Readers on mobile devices. This service can not be configured by the customer and must neither be used for other purpose nor be affected in any form.

2.2 Access
The BeeTagg System as well as the provided services on the BeeTagg website are generally free of charge for anyone. Certain services can be charged with costs and require a customer registration prior to use.
For the commercial use of BeeTagg Codes provided by the services the customer has to acquire a basic and unassignable use licence from connvision or any other distribution partner.
The functionality and content of the applications linked with these BeeTagg Codes are solely under the customer’s responsibility. The customer is particularly commited not to misapply the services provided on the BeeTagg website, nor to offer any illegal content and applications via the BeeTagg System.
connvision is authorised to block a customer’s access to the services provided on the BeeTagg webpage without any advance notice if the customer is behind schedule with the payment of invoices or offends against the present terms of use.

2.3 Registration
To use certain services of the BeeTagg System, the customer has to register prior to use. The registration and allocation of a username and password are free of charge. The customer assures that the stated data is correct and complete. Any changes must be reported to connvision immediately. The customer explicitly refuses to sign up more than one time and to enable other persons to access the services under his address.

2.4 Data Protection
connvision takes economically reasonable, technically possible and comparative measures to assure your data and services.
connvision is obliged to respect the legal requirements for data protection.
The customer is responsible to safely keep the information about the username and password. The customer makes sure that the information about the username and password are not accessible. The customer changes the password in irregular intervals, especially, when there are signs of disabuse by unauthorised persons.

2.5 Business Operations
connvision is exclusively responsible for its own processor and line system, as well as the services provided by connvision. However, connvision is not responsible for the activities of others that might have been accessible through the BeeTagg System.
connvision is committed to offer a system availability as high and as permanent as possible, however, interruptions and dysfunctions are not impossible. connvision is bound to solve the technical problems as fast as possible. Interruptions to solve problems, to maintain the system, to implement new technologies etc. are kept short and whenever possible held during times of low circulation.

§ 3 Copyright

The content provided on the Beetagg website is protected by copyright. Its use is subject to the effective copyright conditions. This website or its content must not be changed, copied, republished, converted, provided or saved without the permission of connvision.
The BeeTagg, the BeeTagg System and the shape and design of the BeeTagg Codes are trade- and service marks of connvision.
Exclusively for software that is provided by connvision as a download, there is a basic, non-exclusive and not transferable licence being issued. This licence is limited to a once-only download and storage. All further rights are reserved at connvision. Thus any commercial use and especially any selling without the permission of connvision is illegal.

§ 4 Warranty and Liability

4.1. Convention
Each liability of connvision towards the customer or any third party excludes any default of the contract as long as it did not occur deliberately or negligently.
connvision does not guarantee any permanent service, service to a particular point in time or any completeness, authenticity and integrity of the saved or transmitted data by its system or the internet.

4.2 Consequential Loss
connvision is neither towards the customer nor its contractual partner liable for any claims or claims for damage of any third party. Especially excluded is any liability for losses or damage due to loss of data or the impossibility to access the internet, to send or receive information, respectively, that has been caused by delay, breakdown or interruption of connvision’s services.

4.3. Damage Caused By A Third Party
BeeTaggs might contain links to the information and applications of third parties, connvision does not accept any responsibility for their content.
The respective provider solely is responsible for the availability, correctness and utility of information and services on the Internet.
connvision does in particular not accept any responsibility for contractual or any other connections of the customer and providers of goods and services that have been closed via Internet, for the use of BeeTaggs.

4.4. Operation Interrupt
connvision does not accept any responsibility for operation interrupts due to trouble-shooting, maintenance, implementation of new technologies or similar actions.

§ 5 Invoices

5.1 The customer is issued an invoice for payable services. The according duties result from the contract. The payment has to be made within 30 days from date of invoice.

§ 6 Cessation of Use

The customer may cease the use at any time and with immediate effect. The according report is to be addressed to connvision. connvision will confirm the cessation of use to the customer in writing.

§ 7 Supplementary Provisions

7.1. Amendment of Terms of Use
connvision may modify the present terms of use as well as the specific terms of use at any time. The modified terms are effective from their publication on www.beetagg.com. By further use of the services, the customer automatically accepts the modified terms of use.

7.2. Severability 
Should one or several regulations be null and void or ineffective, this does not have any influence on the remaining regulations. In this case, connvision will replace the null and void regulations by regulations that are economically as equal as possible.

7.3. Place of Jurisdiction
The place of jurisdiction is Zürich.

7.4. Coverning Law
Agreements shall be governed by the law of Switzerland.