The content of the Site, including the text, images, software, audio and video, as well as the compilation of the content (collectively referred to herein as "Materials"), is the property of Marvin Watch C° 1850 (Marvin) and is protected by Swiss and international copyright laws. Neither the Site nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Marvin, except that you may download Materials on any single computer for your personal, non- commercial use only, provided that you keep intact all copyright and other proprietary notices.
You agree that any materials, including but not limited to: questions, comments, suggestions, ideas, product reviews/ratings/photographs/videos, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to Marvin are non-confidential and you grant to Marvin a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in Marvin's sole discretion and without compensation to you. You also grant to Marvin the right to use your name and/or your city, state and country in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. Marvin has no obligation to use any submitted materials and may remove any such materials in its sole discretion.
Disclaimer of Warranties
The site and the materials contained herein are provided by marvin on an "as is" and "as available" basis. Marvin makes no warranties of any kind, either express or implied, as to the operation of this site or the information, content, materials, products or services included on this site. You expressly agree that your use of the site is at your sole risk and responsibility. To the maximum extent permitted by law, marvin disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Marvin does not represent or warrant that materials in the site are accurate, complete, reliable, current, subject to correction, or error-free or that the site, its servers, or materials available for download from the site are free of viruses or other harmful components. Because some jurisdictions may not allow the exclusion of implied warranties, the above exclusion may not apply to you.
Limitation of Liability
In no event shall marvin or any other party involved in creating, producing, or delivering the site be liable for any direct, indirect, incidental, special, punitive, or consequential damages or other damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information or data, or other pecuniary loss) or for any third party claims arising out of access
to, use of, or inability to use the site or any other services accessed through the site, or with respect to the information, services, or content contained on or otherwise accessed through the site, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not marvin was advised of the possibility
of such damages. Marvin's total cumulative liability for any and all claims arising out of the use of the site, whether in contract or tort or otherwise, shall not exceed $50. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Changes to Site
Marvin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Marvin will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Applicable Law and Jurisdiction
This agreement shall be governed by the laws of Switzerland. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or cantonal courts located in Switzerland county of Neuchatel.
The terms and conditions set forth herein constitute the entire agreement between you and Marvin. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this agreement will continue in full force and effect.