1.1. psc Informatik, Breitenrainstrasse 29, CH-3013 Bern (hereinafter referred to as the "Platform Operator"), provides a platform (hereinafter referred to as "Guitybase") for the presentation of guitars which enables interested parties (hereinafter referred to as "Users") to present, view and comment on them.
1.2. These General Terms and Conditions of Use (TOS) form an integral part of the contract between the platform operator and the users and must be expressly accepted before sending the registration application. The platform operator reserves the right to change the TOS.
2.1. The data requested during registration must be complete and correct. Registration is carried out by stating the name, country of origin and a valid e-mail address.
2.2. By submitting the registration application, the user makes a request to the platform operator for the inclusion and active use of Guitybase. The platform operator expressly reserves the right to obtain additional information from the users. In addition, the platform operator reserves the right to refuse the registration without giving reasons. Silence of the platform operator within 14 days is considered a rejection.
2.3 The platform operator accepts a user's registration application by direct confirmation by e-mail. The user therefore has the right to use Guitybase for the purpose of storing and presenting his guitars. Registration is free of charge.
2.4. The users are obliged to keep the password secret and to protect it against unauthorized use or access by third parties. The platform operator reserves the right to block the password of users in case of suspected abuse.
3.1 For users and visitors of the WEBSITE only the nickname and country of the user is visible. If the user wishes to provide further information in his profile, he must do so explicitly himself.
3.2 The User acknowledges that the data collected during registration will be processed and stored by means of a computer system. This personal data will only be used by the platform operator within the scope and for the purpose of administering Guitybase.
3.3. The Platform Operator expressly reserves the right to revoke registration at any time and without stating any reasons, including, but not limited to, when Profiles have no activity over a period of more than twelve months.
3.4. Users have the right to request information from the platform operator about the data stored about them at any time. A profile will be deleted immediately upon request.
4.1 The use of Guitybase is free of charge.
5.1 When using Guitybase, Users shall not be entitled to disseminate or make accessible illegal or immoral content, or to refer to such content via links, or to use Guitybase in any other way for unlawful acts and/or objectives.
5.2 In particular, but not exclusively, the users are expressly prohibited from distributing and making accessible (upload) as well as actively sending messages and/or files with the following contents:
Depictions of violence and glorification of violence
5.3. Users are prohibited from using a computer program that is capable of negatively affecting the platform operator's computer system (computer viruses, computer worms, Trojan horses, etc.). You are required to be concerned about proper protection of your computer systems.
5.4 Users are strictly prohibited from using Guitybase for their own economic purposes which are incompatible with the concept of Guitybase. We accept hints when guitars are for sale, but Guitybase should not be a flea market and not a sales exhibition!
5.5 The users are obliged to comply with the applicable laws and to observe all rights of third parties (in particular copyright, trademark, design, copyright and other industrial property rights). You are obliged to obtain the necessary consent for the use and / or accessibility of images and texts of third parties. You are solely responsible for the legality of the use of such images and texts.
5.6 The users undertake to use the personal data of incoming enquiries about their instruments exclusively within the scope and for the purpose of personal communication! Users are strictly prohibited from collecting and/or passing on this personal data.
5.7. The platform operator has the right to immediately disable a user's profile in case of violations of this number. The assertion of claims for damages remains expressly reserved.
6.1 If, in connection with the use of Guitybase, the users violate copyrights, trademark rights, labelling rights or other property rights of a third party, they undertake to fully indemnify the platform operator from all justified claims of third parties arising from the violation of rights.
6.2. The liability of the platform operator is excluded to the extent permitted by law (in particular slight negligence and liability for auxiliary persons).
7.1. The platform operator is not obliged to carry out a review of the users' ads and does not guarantee the quality of the content.
8.1. The platform operator makes no guarantee that the WEBSITE will be available at all times and without disruption. However, it endeavors to ensure trouble-free operation (subject to maintenance work) and to carry out maintenance work during periods of low use.
9.1. The platform operator reserves the right to exclude users from the use of the WEBSITE. An exclusion may in particular, but not only, be made on the basis of a breach of the obligations under Section 5.
10.1. Any ineffectiveness of individual provisions of these General Terms and Conditions will not affect the validity of the remaining provisions. It is replaced by a valid provision, which economically best suits the purpose of both sides.
11.1. The legal relationships between the platform operator and the customers are subject exclusively to Swiss law, excluding the Vienna Sales Convention. Court of jurisdiction is Bern.