Terms and Conditions

Last updated on July 12, 2018

SamurAI Sarl (“SamurAI” or “we”) provides its content on samurai.team (the “Site” or “Website”) subject to the following terms and conditions (the “Terms”). Please read this information carefully. We may periodically change the Terms without prior notice, so please check back from time to time. By accessing and using this Site, you agree to these Terms.

1. Copyrights

All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of SamurAI or its licensors and, to the extent applicable, is protected by Swiss and international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 3 – Use of site content. All rights not expressly granted are reserved.

2. Trademarks

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of SamurAI and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you will not refer to or attribute any information to SamurAI or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, SamurAI or its licensors.

3. Use of site content

SamurAI hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to view, download, copy and print documents and the graphics incorporated therein ("materials") from this Site subject to the following restrictions and in accordance with any written agreement between you and SamurAI:

  1. The materials may be used solely by you for your own personal informational, educational or other non-commercial purposes unless otherwise expressly indicated;
  2. All copies you make must properly attribute the appropriate source, including any copyright or other proprietary notices originally shown or included in the materials;
  3. You may not modify any of the materials found at this Site unless otherwise expressly indicated, nor attempt to pass off any materials found at this Site as your own;
  4. You may not use, reproduce or publicly display or perform, or distribute any of the materials within this website for any commercial or public purpose, unless SamurAI has given you prior written consent to do so;
  5. You may not "mirror" or "frame" any portions of this website in any other environment without prior written consent from SamurAI; and
  6. You may not display or transmit SamurAI RSS feed content in a manner that does not permit successful linking to, redirection to, or delivery of the applicable official SamurAI URL, and you may not insert any intermediate page, splash page, or other content between the SamurAI RSS link and the applicable official SamurAI URL.

SamurAI reserves the right to terminate the access of any user in its sole discretion, including users who do not observe these Terms or who infringe or otherwise violate the rights of others.

4. User postings

SamurAI provides proprietary information, including copyrighted materials, about its software and services on this Site for the benefit of its customers and not for unrestricted use by the public. You agree that you may not use, or allow any other person or entity to use, any materials found on this Site for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against SamurAI or for the purpose of developing or using an offering or product directly or indirectly competing with an offering or product from SamurAI.

You covenant that you shall not post or otherwise publish on the Site any materials that:

  1. Are threatening, libelous, defamatory, or obscene;
  2. Would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law;
  3. Infringe the intellectual property, privacy, or other rights of any third parties;
  4. Contain a computer virus or other destructive element;
  5. Contain advertising;
  6. Constitute or contain false or misleading statements; or
  7. Violates these Terms.

SamurAI does not represent or endorse the accuracy of reliability of information posted to the Site by users. In addition, SamurAI does not and cannot review all information posted to the Site by users and is not responsible for such information. However, SamurAI reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

5. Notices of infringement and takedown by SamurAI

SamurAI prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to SamurAI at the address shown below, giving a written statement that contains:

  • Identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
  • Identification of the allegedly infringing material on the Site that is requested to be removed;
  • Your name, address, and daytime telephone number, and an e-mail address if available;
  • A statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
  • The signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

SamurAI will remove any posted submission that infringes the copyright or other intellectual property right of any person under Swiss law upon receipt of such a statement Swiss law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. SamurAI’s contact for submission of notices under this Section 5 is: SamurAI Sarl, c/o Fiduciaire Auditex Sàrl, Route de la gruyère 12a , Case postale 570, 1701 Fribourg, Switzerland.

6. Disclaimers

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT SAMURAI IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, NO SITE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAMURAI AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. SAMURAI SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER SAMURAI NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

7. Indemnification

You hereby indemnify, defend, and hold harmless SamurAI and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“SamurAI Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by SamurAI and/or SamurAI Indemnified Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. SamurAI reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.

8. Third-party websites & Providers

We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. SamurAI has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers

9. Privacy

SamurAI understands that your privacy is important to you and SamurAI is committed to respecting your privacy and to protecting your personally-identifiable information (which is also referred to in some contexts and under some applicable laws as your personal data). SamurAI Privacy Notice describes how SamurAI uses and protects your personally-identifiable information, as well as how and with whom SamurAI may share that information.

YOU ARE ENCOURAGED TO PRINT AND TO READ THE PRIVACY NOTICE CAREFULLY AND TO CONTACT SAMURAI IF YOU HAVE ANY QUESTIONS ABOUT SAMURAI’S PRIVACY NOTICE OR THESE TERMS.

10. Governing law; jurisdiction

These Terms are governed by the Swiss law. The exclusive place of jurisdiction for disputes arising from the use of this Site is determined by the mandatory statutory laws. In the absence of such laws, the place of jurisdiction is Fribourg.