1 Scope of Application
1.1 NoTube's website (www.notube.at / www.notube.ch) and its webpages (hereinafter "Web-site") are operated by NoTube GmbH, organized in Wollerau (hereinafter "NoTube"). The Website is targeted both at persons resident within Switzerland as well as elsewhere. The Website and the General Terms of Use are in conformity with the Swiss regulatory envi-ronment. Persons who access the Website (hereinafter "Users“) agree to the following conditions and accept the exclusion of liability (Section 8).
1.2 The Website may not be used by persons who are subject to the laws of a jurisdiction that prohibits the content of this Website or access to the Website on the basis of the User's nationlity, place of residence, or other reasons.
1.3 The use of NoTube's services is governed by NoTube's General Terms and Conditions (GTC) (Download). Information contained on the Website concerning NoTube's services as well as prospectuses, brochures, advertisements, or other information do not represent a bin-ding proposition or offer toward formation of an agreement. Prerequisites for the formation of an agreement with NoTube are registration, the unreserved acceptance of the General Terms and Conditions (GTC) of NoTube GmbH and the fulfillment of the admission criteria.
2 Modification of the Terms of Use
Modification of these General Terms of Use may be made at any time without notice and become effective immediately upon publication on this Website.
3 Access and Availability
The User has no entitlement to access to this Website or the error-free technical availablity of the Website. NoTube may block or limit access to the Website at any time and without notice.
4 Contents
4.1 The contents of this Website (hereinafter "Contents") serve solely to provide general infor-mation about NoTube and its services as well as general information concerning issues in connection with childhood eating disorders and tube feeding dependency and the dehabit-uation from such dependency in particular. The information contained on this Website con-cerning NoTube's services does not represent an offer to Users.
4.2 Any Contents on this Website may be modified, amended or removed by NoTube at any time without notice.
4.3 The User is explicitly advised that the Contents of this Website cannot in any way provide a substitute for the professional counselling, examination, or treatment by appropriate specialists, such as physicians or qualified medical personnel.
4.4 This Website contains links to the websites of third parties. These links merely serve to enhance the user friendliness of the Website and do not represent an endorsement of the Contents of any other website. As a general rule, NoTube cannot assume any responsibility for the website of a third party. Thus, the activiation of a link is performed at the User's own risk.
5 Data Protection
When Users access the Website, NoTube registers impersonal data (logfiles). These anon-ymous data are analyzed for statistical purposes. The Website is also governed by a Privacy Policy.
6 Copyright
6.1 Website Contents are protected by trademark, patent, copyright and other rights for the protection of intellectual property and are the property of NoTube. The rights of third parties are reserved.
6.2 The User may only display, save, print, and copy the Contents for private use. The User may not alter the Contents, and all indications of copyright and trademark protection must remain in place. Any additional use of the Contents or portions thereof requires NoTube's prior written consent. The following in particular are prohibited without NoTube's prior writ-ten agreement:
a. any form of distribution, transfer, editing, and reproduction of the Contents or portions thereof for commercial purposes;
b. any form of publication of the Contents or portions thereof as well as any form of pu-blication of derivative works that are substantially based on the Contents or portions thereof even for non-commercial purposes;
c. the linking of other websites with the Contents or of portions thereof.
6.3 Excluded from these provisions are marked images and text that are designated as media information. These may be used without the prior written permission of NoTube solely in direct connection with news coverage of NoTube. Such use is conditioned upon the express indication of the source of the material.
7 User Contributions
7.1 NoTube may permit the Contents of Users on the Website (hereinafter "Contribution"). The User is responsible for the Contents of his or her Contributions. Through the submission of a Contribution to NoTube, the User confirms that he or she has the right to disseminate the Contents of his or her Contribution and that the publication of his or her Contribution on the Website does not infringe the trademark, patent, copyright, or other rights for the protection of intellectual property of a third person. With submission of his or her Contribution, the User agrees to absolve NoTube of and indemnify NoTube against all claims that are brought by third parties in connection with the publication of his or her Contribution.
7.2 NoTube may refrain from publishing Contrbutions and remove published Contributions from the Website at any time without providing notice to the User and without providing any grounds. Tthe following forms of Contribution in particular will not be published:
a. those that violate legal provisions;
b. those that contain political, religious, or ideological statements;
c. those that contain statements that defame persons, ethnicities, institutions, organiza-tions, or companies or that are otherwise liable to insult or provoke someone;
d. those that serve the advertisement, promotion, or production of private or commercial contacts;
e. those that contain personal data such as addresses, telephone numbers, or e-mail addresses of third persons.
7.3 Through the submission of a Contribution for publication on the website, the User grants NoTube the unlimited right to use his or her Contribution. NoTube may also publish the Contribution or portions thereof elsewhere at any time or use the Contribution in another manner.
8 Exclusion of Liability
8.1 NoTube assesses the Contents as to their accuracy and currency. Nevertheless, NoTube cannot guarantee the accuracy, currency, or completeness of the Contents. The Contents cannot on any account subsititute for the personal counselling or treatment of a physician or qualified specialists. NoTube requires all Users to consult a physician immediately in the event of health-related problems. Additionally, the Contents are not suitable for making discrete diagnoses or chosing treatment methods. NoTube assumes neither direct nor indi-rect responsibility for harm or health-related disturbances or the death of the tube feeding dependent child that may arise through the use or misuse of the Contents.
8.2 NoTube disclaims any contractual or non-contractual liability for harm or health-related dis-turbances to the User or the death of the tube feeding dependent child resulting from use of the Contents. This exclusion of liability also applies for any bodies, representatives, employees, auxilliary personnel, and any other contractual partner of NoTube, including members of its team of physicians.
8.3 NoTube assumes neither substantive nor legal responsibility for the direct or indirect refe-rence to foreign internet sites in the form of links. This applies both to links and references placed within the Website as well as to the postings of Users.
8.4 Additionally, NoTube cannot guarantee that the Website is free of viruses or other harmful components and assumes no liability for harms that occur to the User or third parties from such elements.
9 Concluding Provisions
9.1 Should any one or several provisions of these Terms of Use be or prove to be wholly or partially unenforceable on the basis of legal provisions, regulations, or legislative amend-ments, the remaining provisions shall remain in force, and any unenforceable provision shall be deemed to have been replaced by a valid provision that comes closest to approximating the intention of the invalid provision. The same applies to any gaps or omissions in these Terms.
9.2 Swiss law shall apply exclusively to the present Terms of Use as well as for any disputes arising therefrom. Venue shall be Wollerau (Switzerland) exclusively.
