Rootness Sàrl – www.rootness.ch – Legal – Intellectual property
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Information and legal notices
The terms « Rootness », « Rootness agency », « the agency », « the company », « it », refer to
Rootness SARL.
Rootness SARL is a company with a capital of 20,000 CHF having its registered
office at 26 Rue du Collège, 1815 Clarens – Montreux VD – Switzerland.
Ownership of the site; acceptance of the terms of use
These terms and conditions of use (the « Terms of Use ») apply to the Rootness Sàrl web site
located at www.rootness.ch and all associated sites linked to the www.rootness.ch site by
Rootness Sàrl, its subsidiaries and affiliates, worldwide (collectively the « Site »). The Site is
the property of Rootness Sàrl and its licensors.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT
AGREE, PLEASE DO NOT USE THE SITE.
Rootness Sàrl reserves the right, at its sole discretion and at any time, to change, modify,
add or remove portions of these Terms of Use. It is your responsibility to periodically review
these Terms of Use to see if any changes have been made. Your continued use of the Site
following the posting of changes will mean that you accept those changes. As long as you
comply with these Terms of Use, Rootness Sàrl grants you a personal, limited, non-exclusive
and non-transferable right to access and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music, illustrations and computer code (collectively, the « Content »), including but not limited
to the design, structure, selection, coordination, expression, look and feel, the presentation
and arrangement of such Content, contained on the Site is owned, controlled or licensed by
or to Rootness Sàrl, and is protected by trade dress, copyright, patent and trademark laws,
and various other applicable intellectual property and unfair competition laws.
Except as expressly provided in these Terms of Use, no portion of the Site or any Content
may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including by « mirroring ») to any other
computer, server, website or publishing or broadcast medium, or for any commercial
enterprise, without the prior written consent of Rootness Sàrl.
You may use information about Rootness Ltd. products and services (such as data sheets,
knowledge base articles and similar information) purposely made available by Rootness Ltd.
for downloading, provided that (1) you do not remove any copyright notices from copies of
such materials, (2) you use such information for your own personal, non-commercial use and
do not copy or post such information on any networked computer or broadcast it in any
media, (3) you do not make any modifications to such information, and (4) you make no
representations or warranties regarding the content of such documents.
Use of the Site
You may not use any device, program, algorithm or other automatic method such as « deep
linking », « page scraping », « robot » or « spider », or any similar or equivalent manual process to
access, acquire, copy or monitor any portion of the Site or the Content, nor may you
reproduce or circumvent the navigational structure or presentation of the Site or the Content
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Rootness Sàrl – www.rootness.ch – Legal – Intellectual property
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to obtain or attempt to obtain any data, materials or information through any means not
purposely made available to you through the Site. Rootness Sàrl reserves the right to prohibit
this type of activity and to terminate the user’s access without notice if the user does not
respect the site’s usage policy.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or to
any other system or network connected to the Site or to any Rootness Ltd. server, or to the
services offered on or through the Site, by hacking, password « sniffing » or any other
illegitimate means.
You may not attempt to probe, scan or test the vulnerability of the Site or any network
connected to the Site, nor may you breach the security and authentication measures in place
on the Site or networks connected to the Site. You may not reverse look-up, trace or attempt
to trace information about other users of or visitors to the Site, or other customers of
Rootness Sàrl, including any Rootness Sàrl account that you do not own or control, or exploit
the Site or the services or information made available or offered on or through the Site in any
way to reveal such information, including personally identifiable information or information
other than your own information, as it appears on the Site
You agree not to take any action that imposes an unreasonable or disproportionately large
load on the infrastructure of the Site or Rootness LLC’s systems or networks, or any systems
or networks connected to the Site or to Rootness LLC.
You agree not to use any device, software or routine to interfere or attempt to interfere with
the proper working of the Site or any transaction conducted on the Site or with any other
person’s use of the Site.
You may not attempt to forge headers or otherwise manipulate identifiers in order to disguise
the origin of any message or transmission sent to Rootness Sàrl on or through the Site, or
any service offered on or through the Site. You must not pretend to be or represent someone
else, or impersonate any other person or entity.
You must not use the Site or its Content for any purpose that is unlawful or prohibited by
these Terms of Use, or to encourage any illegal or other activity that infringes the rights of
Rootness Sàrl or any third party.
Purchases; other terms and conditions
Additional terms and conditions may apply to purchases of goods or services and to specific
sections or features of the Site, including contests, promotions and similar offers, which
terms and conditions are incorporated into these Terms of Use by reference. You agree to
abide by these additional terms and conditions, including, where applicable, confirming that
you are of legal age to use or participate in the relevant service or offer. In the event of any
inconsistency between these Terms of Use and the terms and conditions published for, or
applicable to, a specific section of the Site or for a service offered on or through the Site, the
latter terms and conditions shall prevail and govern the use of that specific section of the Site
or service.
Where applicable, Rootness Ltd.’s obligations with respect to its products and services are
governed solely by the agreements under which they were made and nothing on this Site
shall be construed to alter such agreements.
Rootness Sàrl may make changes to the products and services offered on the Site or to the
prices applicable to such products and services at any time without notice. The information
published on the Site concerning products and services may be out of date, and Rootness
Sàrl makes no commitment to update the information published on the Site concerning these
products and services.
The rules and policies set forth may be changed from time to time and will be effective upon
posting of such changes on the Site.
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Accounts, passwords and security
Certain services and features offered on or through the Site may require you to open an
account (including setting up a www.rootness.ch username and password). You are entirely
responsible for maintaining the confidentiality of your account information, including your
password, and for all activities that occur under your account. You agree to notify Rootness
immediately of any unauthorized use of your account or password, or any other breach of
security. However, you may be held liable for damages incurred by Rootness Sàrl or by any
other user of or visitor to the Site due to someone else using your www.rootness.ch
username, password or account.
You are not authorized to use the www.rootness.ch identifier, the password or the account of
another person, at any time, without the explicit authorization and agreement of the holder of
this identifier www.rootness.ch, this password or this account. Rootness Sàrl as well as
www.rootness.ch cannot be held responsible for any damage resulting from your failure to
respect these obligations.
Privacy
The www.rootness.ch Privacy Statement applies to the use of this Site, and its terms are
incorporated into these Terms of Use by reference. To view the www.rootness.ch Privacy
Policy, click here. In addition, by using this Site, you acknowledge and agree that
transmissions over the Internet are never completely confidential or secure. You understand
that any message or information you transmit to the Site may be read or intercepted by
others, even if special notice is given that a particular transmission (such as credit card
information) is encrypted.
Links to other sites and to www.rootness.ch
This Site may contain links to other independent third party websites (« Linked Sites »). These
Linked Sites are provided solely as a convenience to our visitors. These Linked Sites are not
under the control of www.rootness.ch, and Rootness Sàrl is not responsible for and does not
endorse the content of these Linked Sites, including any information published on them. You
should make your own judgments regarding your interactions with these Linked Sites.
Warranty exclusions
ROOTNESS SARL DOES NOT WARRANT THAT THE SITE OR ITS CONTENT OR THE
SERVICES AND FEATURES OFFERED ON THE SITE WILL BE ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT USE OF THE
SITE WILL PRODUCE SPECIFIC RESULTS. THE SITE AND ITS CONTENTS ARE
PROVIDED ON AN « AS IS » AND « AS AVAILABLE » BASIS. ALL INFORMATION PROVIDED
ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ROOTNESS SARL CANNOT
GUARANTEE THAT THE FILES AND DATA YOU DOWNLOAD FROM THE SITE WILL BE
FREE OF VIRUSES, CONTAMINATION OR MALICIOUS FEATURES. ROOTNESS SARL
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ROOTNESS SARL
ALSO DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF THIRD
PARTIES IN CONNECTION WITH OR ASSOCIATED WITH YOUR USE OF THE SITE
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AND/OR ROOTNESS SARL SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR
YOUR USE OF THE SITE AND LINKED SITES. YOUR SOLE REMEDY AGAINST PLANET
V MUSIC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO
DISCONTINUE USE OF THE SITE OR CONTENT IN QUESTION. THIS LIMITATION ON
REMEDIES IS PART OF THE BARGAIN BETWEEN THE PARTIES.
The above exclusions of liability apply to all damages, loss or injury caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in performance or
transmission, computer virus, communication line failure, theft, destruction, unauthorized
access or use, whether for breach of contract, malpractice, negligence or any other cause of
action.
Rootness Sàrl reserves the right to do any of the following at any time and without notice: (1)
modify, suspend or block the operation of or access to all or part of the Site, for any reason;
(2) modify all or part of the Site and any applicable rules or conditions; (3) interrupt the
operation of all or part of the Site, for purposes of periodic maintenance or otherwise, error
correction or modifications.
Limitation of liability
To the extent permitted by law, in no event shall Rootness Ltd. be liable for any indirect,
exemplary, incidental or punitive damages, including lost profits, even if Rootness Ltd. has
been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Rootness Ltd. is held liable for
damages or injury suffered by you as a result of, or in connection with, the use of the Site or
any Content, Rootness Ltd. shall in no event be liable for more than CHF 500 (five hundred
Swiss francs). Some jurisdictions do not allow limitations on liability, so the above limitation
may not apply to you.
Compensation
You agree to indemnify and hold harmless Rootness Sàrl, its officers, directors,
shareholders, predecessors, successors, employees, agents, subsidiaries and affiliates from
and against any and all claims, losses, liabilities, claims or expenses (including legal fees)
arising from actions brought by third parties against Rootness Sàrl arising out of or in
connection with your use of the Site.
Violation of these Terms of Use
Rootness Sàrl may disclose information we have about you (including your identity) if we
determine that such disclosure is necessary in connection with an investigation or complaint
regarding your use of the Site, or to identify, contact or bring legal action against someone
who may be causing injury to or interference with, either intentionally or unintentionally,
Rootness Sàrl’s rights or property, or the rights or property of visitors to or users of the Site,
including Rootness Sàrl’s clients. Rootness reserves the right at all times to disclose any
information as it deems necessary to comply with any law, regulation, legal process or
governmental request. Rootness LLC may also disclose your information if we determine that
applicable law requires or permits such disclosure, including exchanging information with
other companies and organizations for fraud protection purposes.
You acknowledge and agree that Rootness LLC may retain information that you transmit or
otherwise make available to Rootness LLC through the Site or the services offered on or
through the Site, and may disclose such information as required by law or as Rootness LLC
determines reasonably necessary to (1) comply with the law (2) enforce this Agreement, (3)
respond to claims that such information violates the rights of others, or (4) protect the rights,
property, and safety of Rootness LLC, its employees, users of and visitors to the Site, and
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the public.
You agree that Rootness Sàrl may, in its sole discretion and without prior notice, terminate
your right to access the Site and/or prevent you from accessing the Site in the future if it is
determined that you have failed to comply with these Terms of Use or any other agreements
or guidelines that may be associated with the use of the Site. You further agree that any
violation of these Terms of Use shall constitute an unlawful and unfair business practice, and
shall cause irreparable harm to Rootness LLC for which monetary damages would be
inadequate, and that Rootness LLC shall be entitled to such injunctive or equitable relief as it
deems necessary or appropriate under the circumstances. Such relief shall be in addition to
any other remedies available to Rootness LLC.
You agree that Rootness Sàrl may, in its sole discretion and without prior notice, terminate
your right to access the Site for any reason, including (1) upon request by a law enforcement
agency or other governmental agency, (2) at your request (account deletion upon request),
(3) in the event of an interruption or significant modification to the Site or to a service offered
on or through the Site, or (4) in the event of unexpected technical problems
If Rootness Sàrl takes legal action against you as a result of your violation of these Terms of
Use, Rootness Sàrl shall be entitled to recover from you, and you agree to pay, attorneys’
fees and costs incurred in connection therewith, in addition to any other relief granted to
Rootness Sàrl. You agree that Rootness LLC shall not be liable to you or any third party for
termination of your access to the Site as a result of any violation of these Terms of Use.
Applicable law; dispute resolution
You agree that all matters relating to your access to or use of the Site, including any
disputes, shall be governed by the laws of Switzerland without regard to its conflict of laws
provisions. You consent to the jurisdiction of the Swiss courts and waive any objection to
such jurisdiction. Any claim under these Terms of Use must be brought within one (1) year
after the cause of action arose or be forever barred. No damages other than out-of-pocket
expenses shall be recoverable or collected, provided that the prevailing party may be
reimbursed for attorneys’ fees and costs incurred. In the event of any controversy or dispute
between you and Rootness LLC arising out of or relating to your use of the Site, the parties
shall attempt to resolve such dispute promptly and in good faith. If you are unable to resolve
the dispute within a reasonable period of time (which shall not exceed thirty (30) days), either
party may submit the dispute to mediation. In the event of failure to resolve the dispute
through mediation, the parties shall then be free to exercise any rights or remedies available
to them under applicable law.
Nullity in case of prohibition
Rootness Sàrl administers and operates the www.rootness.ch Site from its offices in Clarens,
Switzerland; other Rootness Sàrl sites may be administered and operated from various
locations outside Switzerland. Although the Site is accessible worldwide, not all features,
products and services mentioned, referenced, provided or offered on or through the Site are
accessible to all persons or in all geographic areas, or appropriate or available for use
outside of Switzerland. Rootness Ltd. reserves the right to limit, in its sole discretion, the
provision and quantity of any feature, product or service made available to any person or
geographic area. Any offer of functionality, product or service made on the Site is void where
prohibited. If you choose to access the Site from a location outside of Switzerland, you do so
on your own initiative and it is your sole responsibility to comply with applicable local laws.
Rootness Sàrl – www.rootness.ch – Legal – Intellectual property
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Various
You may not use, export or re-export any Content or any copy or adaptation of such Content,
or any product or service offered on the Site, in violation of any applicable laws or
regulations, including without limitation the export control laws and regulations of
Switzerland.
If any provision of these Terms of Use is found by a court of law or other tribunal of
competent jurisdiction to be invalid or unenforceable, such provision shall be limited or
eliminated to the minimum extent necessary and replaced with a valid provision that better
expresses the intent of these Terms of Use so that they remain in full force and effect. These
Terms of Use constitute the entire agreement between you and Rootness Sàrl with respect
to your use of the Site, and any other written or oral agreements previously existing between
you and Rootness Sàrl with respect to such use are hereby superseded. Rootness LLC will
not accept any counter-proposals to these Terms of Use, and all such proposals are hereby
categorically rejected. Any failure by Rootness LLC to insist upon or enforce strict
performance of these Terms of Use shall not be construed as a waiver by Rootness LLC of
any provision or right that Rootness LLC has to enforce these Terms of Use. Similarly, the
course of relations between Rootness Sàrl and you or any third party shall not be construed
as modifying the provisions of these Terms of Use. These Terms of Use shall not be
construed as conferring any rights or remedies upon any third party.
The Rootness LLC sites provide access to international Rootness LLC data and may,
therefore, contain references or cross references to Rootness LLC products, programs and
services that have not been announced in your country. Such references do not imply that
Rootness GmbH intends to announce such products, programs and services in your country.
Comments and information
Any comments you send to us on the Site shall be deemed to be non-confidential. Rootness
Sàrl shall be free to use such information on an unrestricted basis.
The information on this website is subject to change without notice.
Copyright © 2021 Rootness Ltd. All rights reserved.
Rootness Sàrl, Rue du Collège 26, 1815 Clarens, Switzerland
Updated by the Rootness Sàrl legal team on 22/11/2021