Terms Of Use


CelCo Cellulose Consulting sarl  -  Terms of Use

Welcome to the website of CelCo Cellulose Consulting  sarl. (« CelCo »), located at www.celco.ch (the « Web Site »). Use of the Web Site, information, services, and content distributed through or in conjunction with or made available on the Web Site (collectively, the « Services ») — including without limitation the CelCo news Service, CelCo price and volume indexes, and the CelCo calendar services — is sold to you subject to your acceptance of these Terms of Use, celco.ch. Privacy Policy, and any other notices or amendments posted through the Services. 

By accessing and using the Services, or any of the information and/or content presented in any areas of the Services, you are acknowledging that you have read and agree to be bound by these Terms of Use, CelCo’s Privacy Policy, and other notices posted through the Services. You further warrant and covenant that you have the power and authority to enter into this agreement. If you do not acknowledge and agree with the above, you may not access or use CelCo’s information, content, or Services. 

BECAUSE THESE TERMS AND CONDITIONS OF USE IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.

Terms of Use
CelCo shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use at any time (« Changes »). You will be notified of any Changes through a posting on the Web Site, a notification in the Services, or via e-mail. Any Changes shall be effective THIRTY (30) days following the posting of such Changes (the « New Effective Date »). The most recent version of these Terms of Use may always be found at http://www.celco.ch/order/terms-of-use/. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Services following the New Effective Date shall constitute your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Services immediately and notify CelCo via e-mail at: info@celco.ch. These Terms of Use were last modified on May 1, 2013.

Purpose of Web Site
Any and all information and content made available through the Services (« Information And Content ») is provided solely as a convenience to you for general informational purposes only and are not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. The Services and all Information And Content is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.

No Representation Regarding Content
CelCo does not guarantee the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of any of the Information And Content. You agree that all risk associated with the use of, or reliance on, any of the Information And Content accessed through the Services rests with you. You further agree that CelCo shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any of the Information And Content.

Limited License & Permitted Uses
You are granted a non-transferable, non-exclusive, revocable license to:

  • access and use the Services strictly in accordance with these Terms of Use;
  • use the Services solely for internal, personal, non-commercial purposes, and;
  • display, download, archive or print a single copy of any discrete Information And Content, or any information and/or content otherwise distributed by or from CelCo, solely for internal, personal, non-commercial purposes, provided that, in doing so, you do not further distribute, sell, or modify the Information and Content in any way, maintain all copyright and other notices contained therein, and you comply with the User Conduct and Obligations set forth herein (collectively, the  »Permitted Uses »).

Except for the Permitted Uses contained in this limited license, nothing in these Terms of Use grants, or should be construed to grant, any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in the Services, and their Information and Content belong to CelCo and/or its licensors, as applicable.

User Conduct and Obligations
Your license to access and use the Services is subject to the following restrictions and prohibitions on use (« User Conduct and Obligations »). You agree that you shall not:

  • upload, post, transmit, share or otherwise make available through, or to, the Services any content that: is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable; might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; might violate any local, federal, or international law, or any rules of any securities exchange, either intentionally or unintentionally, or; contains any viruses, trojan horses, time bombs, cancelbots, or any other harmful or disruptive computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • reproduce, copy, modify, distribute, market, display, transfer, sublicense, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter, transfer, or otherwise make available in any form or by any means, except for the express limited Permitted Uses, all or any portion of the Services or any Information And Content retrieved therefrom;
  • disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Services, or their computer systems, servers, or networks;
  • post or provide any information that you know (or ought to know) is false or misleading, provide false information about yourself, impersonate any other person, or otherwise attempt to mislead others about your identity, your affiliation with any person or entity, or the origin of any content, message, or other communication;
  • upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, « junk mail », « spam », « chain letters », « pyramid schemes », or any other form of solicitation, bulk e-mail, or duplicative messages;
  • use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or users of the Services, or otherwise systematically extract data or data fields, including without limitation any financial and/or currency data or e-mail addresses;
  • use the Services for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other users of the Services or to other third parties. Internet e-mail sent to, or through, the computer systems of the Services or to users of the Services or to other third parties containing invalid or forged headers, invalid or non-existent domain names, or other deceptive addressing is deemed counterfeit. SENDING, OR ATTEMPTING TO SEND, COUNTERFEIT E-MAIL TO, OR THROUGH, THE COMPUTER SYSTEMS OF THE SERVICES IS STRICTLY PROHIBITED;
  • provide access to or use of any portion of the Services through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, except as specifically permitted in writing by CelCo;
  • redistribute any Information And Content, including but not limited to price and volume data, in any manner whatsoever including without limitation by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, to any person, organization, corporation or other entity, including within your own organization or externally, except for the limited Permitted Uses;
  • use any Information And Content, including but not limited to price and volume data, for any purpose competitive with CelCo’s businesses which include, without limitation, providing price & volume data services;
  • present, archive, cache, frame, scrape, or mirror any Information And Content from any part of the Services within another web site, except with express written permission from CelCo;
  • remove, obscure, or alter any notice of CelCo’s or CelCo’s intellectual property rights present on or in the Services, including but not limited to copyright, trademark, and/or patent notices,
  • copy, disassemble, decompile, translate, reverse engineer or otherwise reduce the Services software or use any network monitoring or discovery software to determine the newtork and/or computer architecture, except as permitted by mandatory rules of applicable law that cannot be disapplied by contract;
  • remove, disable, defeat, or change any functionality or appearance of the Services or intentionally alter the format in which financial and currency data is provided by CelCo or otherwise circumvent the Services’ regular interfaces to such data; and embed or import any data provided in, on or through the Services into any information services (whether or not web-based), data files, or application software, including without limitation accounting and payroll systems, except as specifically permitted in writing by CelCo.
  • embed or import any data provided in, on or through the Services into any information services (whether or not web-based), data files, or application software, including without limitation accounting and payroll systems, except as specifically permitted in writing by CelCo.

The foregoing prohibitions expressly include, but are not limited to, the practice of « screen scraping », or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized in writing by CelCo.

Remedies for Violations
CelCo reserves the right to seek all remedies available at law and in equity for violations, or for suspected violations, of these Terms of Use, including but not limited to the right to block access from a particular IP address to the Services and their features.

License of Your Content to CelCo
By uploading, posting, transmitting, sharing, or otherwise making available to the Services any information or content, or submitting any materials for use on the Services, you grant (or warrant that the owner of such rights has expressly granted) CelCo or its designee a perpetual, royalty-free, irrevocable, fully-paid, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, sublicense, translate, reformat, create derivative work(s) or adaptation(s) from, and distribute such information, content, and/or materials.

CelCo news
All news ,analysis, commentary, views, and opinions (the « Market News ») expressed on or through the Services represent those of independent third parties and not CelCo. Although the Market News has been obtained from sources which CelCo believes to be reliable, it has not been independently verified. By its nature such information is subject to human error and judgment. In addition, financial markets and general economic conditions are subject to rapid change and uncertainty. As a result, CelCo does not guarantee the accuracy, authenticity, timeliness, reliability, or completeness of any of the Market News. The Market News is provided for informational purposes only. No part of the Market News constitutes investment advice nor should it be considered as such. You should not rely on the Market News when making investment decisions. You agree that all risks associated with the use of, or reliance on, any of the Market News rests with you.

DISCLAIMER
The services and all information and content are provided on an « as is » and « as available » basis. CelCo, its affiliates, agents and/or suppliers, officers, directors, and employees expressly disclaim any and all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. CelCo disclaims all responsibility for, but not limited to, any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or any way related to:

  • any errors in or omissions from the services and their information and content, including but not limited to technical inaccuracies and typographical errors;
  • any third party web sites or third party applications software and content, directly or indirectly, accessed through hypertext links in the services, including but not limited to any errors in or omissions there from;
  • the unavailability of the services, information and content, or any portion thereof;
  • your use of the services or reliance on any information and content;
  • problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, internet access providers, computer equipment, software, or any combination thereof, including without limitation any injury or damage to your, or any other person’s, computer as a result of using the services, or;
  • your use of any equipment or software in connection with the services.

All warranties, terms and conditions, express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted under applicable laws. CelCo does not represent or warrant that software, information and content, or materials in the services are accurate, complete, reliable, timely, current, error-free, or otherwise reliable, or that the services are free of viruses or other harmful components. Therefore, you should be caution in the use and downloading of any software, information and content, or materials and use industry-recognized software to detect and disinfect viruses. As a visitor to the services, you acknowledge and agree that any reliance on or use by you of any information and content shall be entirely at your own risk.

You further acknowledge and agree that in no event shall CelCo be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the services. CelCo shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, legal fees and court costs) in any way due to, resulting from, or arising in connection with:

  • the use of or inability to use the services, or any information and content contained therein;
  • your participation or reliance on any information and content accessed in connection with the services;
  • any other matter relating to the services and/or any information and content, regardless of whether any of the foregoing is determined to constitute a fundamental breach or failure of essential purpose.

To the extent this limitation on liability is prohibited, celco’s sole obligation to you for damages shall be limited to $1.00.

Service Modifications
You acknowledge and agree that CelCo reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or any associated services, Information And Content, or technical specifications with or without notice to you, and that CelCo will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.

Privacy and Personal Information
You acknowledge that you have read and agree to all of the terms and conditions of CelCo’s Privacy Policy, which is located at: http://www.celco.ch/order/terms-of-use/ , and that you agree to the incorporation of the Privacy Policy into these Terms of Use.

Account Deletion
You may delete your account at any time by contacting our support team info@CelCo.ch. Once your account is deleted:

  • Your personal data and account information will be permanently removed, except where retention is required by law or for legitimate business purposes (such as fraud prevention or dispute resolution).
  • You will lose access to all services associated with the account.
  • This action is irreversible. Deleted accounts cannot be recovered.

Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, CelCo does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including without limitation transmissions involving the exchange of e-mail with CelCo containing your personal information. While CelCo shall take commercially reasonable efforts to safeguard the privacy of the information you provide to CelCo and shall treat such information in accordance with CelCo’s Privacy Policy, in no event will the information you provide to CelCo be deemed to be confidential, create any fiduciary obligations to you on CelCo’s part, or result in any liability to you on CelCo’s part in the event that such information is inadvertently released by CelCo or accessed by third parties without CelCo’s consent.

Proprietary Rights
« CelCo », the CelCo logo, and other identifying marks of CelCo are and shall remain the trade-marks and trade names and exclusive property of CelCo, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners. All content in the Services, including without limitation all programs, complied binaries, interface layout, interface text, documentation, and graphics, is the copyrighted property of CelCo and is protected by international copyright law. The Information And Content may be used by you only for your personal, non-commercial use as expressly provided for in the Permitted Uses and may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by CelCo.

Indemnification by User
You agree to indemnify, defend, and hold CelCo and CelCo’s affiliates, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Services, any third party applications, software, information, content, and/or materials you post or share on or through the Services, or breach of these Terms of Use. CelCo reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Unlawful Activity
CelCo reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action CelCo deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

General
These Terms of Use incorporate by reference all notices and disclaimers contained in the Services, including but not limited to the Privacy Policy and, except for any agreements with CelCo that expressly reference these Terms of Use (i.e. the End User Licensing Agreement), constitute the entire agreement between you and CelCo with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Use supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and CelCo relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and CelCo.

If any provision of these Terms of Use is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Use shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. CelCo’s failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Use shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Use. You agree that these Terms of Use, CelCo’s Privacy Policy and other notices posted through the Services have been drawn up in English. the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of the Geneva Canton and the laws of Switzerland applicable therein, without regard to conflict of laws provisions thereto. All rights and remedies, whether conferred by this agreement, by any other instrument or by law, shall be cumulative, and may be exercised singly or concurrently. The parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of Geneva, Switzerland.

Force Majeure
In addition to applicable disclaimers stated above, CelCo’s performance under these Terms of Use shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.

Contact
If you have any questions or concerns about the Web Site, Services, or these Terms of Use, please feel free to contact us at  info@celco.ch