tERMS OF USE

Effective date: January 1, 2025

These Terms of Use ("Terms") govern your access to and use of the websites, digital platforms and online services operated by Veloce Media Agency GmbH that expressly refer or link to these Terms (collectively, the "Platforms").

Please read these Terms carefully. By accessing or using the Platforms, you agree to use them in accordance with these Terms and applicable law. Where you are specifically asked to accept these Terms, including when creating an account or using certain services, your acceptance constitutes your agreement to be bound by them.

If you do not agree with these Terms, you should not use the relevant Platform or service.

1. General Information

1.1 Operator

The Platforms are operated by:

Veloce Media Agency GmbH
Bahnhofplatz 1
CH-8001 Zürich
Switzerland

UID: CHE-352.843.964
Email: welcome@velocemedia.ch

In these Terms, "VELOCE", "we", "us" and "our" refer to Veloce Media Agency GmbH.

1.2 Scope

These Terms apply to www.velocemedia.ch and to other websites, account areas, marketplaces or digital services operated by VELOCE where these Terms are expressly made applicable.

Certain services, products, collaborations, subscriptions, purchases or transactions may be governed by additional or specific terms. Where specific terms apply, they will prevail over these Terms in the event of a conflict in relation to the relevant service or transaction.

1.3 Licence to Use the Platforms

Subject to these Terms, VELOCE grants you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the

Platforms for their intended purposes.

This right does not transfer to you any ownership or intellectual property rights in the Platforms or their content.

1.4 Information Provided Through the Platforms

We make reasonable efforts to ensure that information published through the Platforms is accurate and current. However, editorial content, historical information, specifications, third-party information, vehicle information, event information and other material may contain inaccuracies, omissions or information that subsequently becomes outdated.

Unless expressly stated otherwise, information made available through the Platforms is provided for general informational and editorial purposes and should be independently verified where it is material to a decision or transaction.

1.5 Third-Party Websites and Services

The Platforms may contain links to websites, social media services, applications and other resources operated by third parties.

Such links are provided for information or convenience and do not necessarily constitute an endorsement by VELOCE. We do not control third-party services and are not responsible for their availability, content, terms, security or privacy practices.

Your use of third-party services is subject to the terms and policies of the relevant third party.

2. Accounts and Interactive Services

2.1 Accounts

Where account functionality is made available, you may be required to create an account in order to access certain features.

When creating or maintaining an account, you agree to provide accurate and reasonably complete information and to update that information where necessary.

You are responsible for maintaining the confidentiality and security of your login credentials and for activity taking place through your account where such activity results from your acts or omissions.

Please notify us promptly at welcome@velocemedia.ch if you become aware of unauthorised access to your account.

2.2 Business Accounts

If you create or use an account on behalf of a company, organisation or other legal entity, you represent that you have the authority necessary to act on behalf of that entity in relation to the relevant service.

2.3 Suspension and Termination

We may restrict, suspend or terminate access to an account or service where reasonably necessary, including where:

these Terms or applicable law have been materially violated;
an account creates a security or technical risk;
fraudulent or abusive activity is reasonably suspected;
third-party rights may be infringed;
we are required to do so by a competent authority; or
the relevant service is discontinued.

Where reasonably practicable and appropriate, we will provide notice of such action.

2.4 Minors

VELOCE's account, submission and commercial service functionalities are intended for adults.

Persons under the age of 18 should not create an account, submit personal information, enter into transactions or use interactive services requiring registration unless permitted by applicable law and, where required, with the involvement of a parent or legal guardian.

3. Intellectual Property

3.1 VELOCE Content

The Platforms contain material including articles, photography, films, video, graphics, illustrations, designs, databases, layouts, logos, trademarks, software and other content ("Content").

Content may be owned by VELOCE or by photographers, authors, contributors, partners, licensors and other third-party rights holders.

Content is protected by applicable copyright, trademark and other intellectual property laws and international agreements.

Except where permitted by applicable law or expressly authorised by the relevant rights holder, you may not reproduce, republish, distribute, modify, commercially exploit, sell, license or otherwise make Content available to third parties.

3.2 VELOCE Brands

The names, logos and other identifying elements associated with **VELOCE**, **VELOCE ZURICH**, **SpeedHolics** and other brands operated by Veloce Media Agency GmbH may be protected trademarks or other proprietary identifiers.

You may not use such names, trademarks, logos or branding in a manner that suggests sponsorship, endorsement, affiliation or approval by VELOCE without prior authorisation.

Third-party trademarks displayed through the Platforms remain the property of their respective owners.

3.3 Automated Extraction, Scraping and Machine Use

Except where expressly authorised by VELOCE or permitted by applicable law, you may not systematically extract, scrape, harvest, reproduce or compile Content or data from the Platforms through automated means.

This includes the use of bots, crawlers, scripts, automated extraction tools or similar technologies for commercial republication, database creation, data mining, or the training or development of artificial intelligence or machine-learning systems.

Ordinary indexing by legitimate search engines in accordance with generally accepted web protocols is not prohibited by this provision.

VELOCE reserves all rights available under applicable law in relation to text and data mining and automated use of its Content.

3.4 Third-Party Intellectual Property

Third-party photographs, texts, trademarks, designs and other materials appearing on the Platforms may be owned by their respective rights holders and used by VELOCE under licence, permission, agreement or another applicable legal basis.

No rights in such third-party material are transferred to users of the Platforms.

3.5 Copyright Complaints

If you believe that material made available through a Platform infringes copyright or other intellectual property rights, please refer to our Copyright and DMCA Policy and contact us at:

welcome@velocemedia.ch

4. Content Submitted to VELOCE

Where a Platform allows you to submit photographs, text, listings, comments, documents or other material ("Submitted Content"), you remain responsible for that material.

You represent that you own, control or otherwise have the necessary rights and permissions to submit the material and to allow VELOCE to use it for the purposes for which it was submitted.

Unless otherwise agreed in writing, by submitting Content for publication through a Platform, you grant VELOCE a non-exclusive, worldwide and royalty-free licence to host, reproduce, format, display and distribute that Content to the extent reasonably necessary to operate, publish and promote the relevant Platform, content item or service.

Separate contributor, photography, publishing, partnership or commercial agreements prevail over this provision where applicable.

You must not submit material that infringes intellectual property, privacy, personality or other rights of third parties.

5. Marketplace and Third-Party Listings

Where a VELOCE Platform displays vehicles, products, services or other items offered by third parties, the relevant listing is provided by or derived from information relating to the third-party seller or provider.

Unless expressly stated otherwise:

VELOCE is not the owner or seller of the listed vehicle, product or service;
VELOCE is not a party to any sale or other transaction subsequently concluded between a user and a third-party seller;
VELOCE does not take ownership, possession or custody of listed vehicles or goods;
VELOCE does not independently guarantee the accuracy or completeness of listing information; and
publication or featuring of a listing does not constitute a guarantee, certification or endorsement of the seller, vehicle, product or transaction.

Information such as price, availability, condition, mileage, provenance, specification, ownership history and other characteristics should be independently verified with the seller before entering into a transaction.

Any contract for the purchase or sale of a third-party vehicle, product or service is entered into directly between the relevant parties unless VELOCE expressly states otherwise.

VELOCE may select, organise, curate, feature or remove listings and editorial presentations at its discretion.

6. Acceptable Use

You may not use the Platforms in a manner that:

violates applicable law or regulation;
infringes intellectual property, privacy, personality or other rights of another person;
involves fraud, impersonation or knowingly false or misleading information;
seeks unauthorised access to systems, accounts, networks or data;
introduces viruses, malware, malicious code or other harmful technology;
interferes with, damages, disables or materially disrupts the Platforms;
sends spam or other unauthorised bulk communications;
unlawfully threatens, harasses or abuses another person;
distributes unlawful discriminatory, hateful, defamatory, sexually exploitative or terrorist content;
collects personal information about other users without an appropriate legal basis;
circumvents access restrictions, security features or technical protections; or
uses automated systems in violation of Section 3.3.

We may take proportionate measures to prevent or stop abusive, unlawful or technically harmful use of the Platforms.

7. Availability and Changes to the Platforms

We aim to maintain reasonable availability of the Platforms but do not guarantee uninterrupted or error-free access.

Availability may be affected by maintenance, technical failures, network or hosting providers, cybersecurity incidents, third-party services, regulatory requirements, natural events or other circumstances outside our reasonable control.

We may modify, suspend or discontinue features or services where reasonably necessary.

8. Disclaimer of Warranties

To the extent permitted by applicable law, the Platforms and their Content are provided on an "as available" basis.

We do not warrant that the Platforms will always be uninterrupted, error-free or free from harmful components, or that every item of information will always be complete, current or suitable for a particular purpose.

Nothing in these Terms excludes or restricts warranties, guarantees or other rights that cannot lawfully be excluded or restricted.

9. Limitation of Liability

To the maximum extent permitted by applicable law, VELOCE shall not be liable for indirect, incidental or consequential losses arising solely from the use of, inability to use, or reliance upon the Platforms or their Content.

VELOCE is not responsible for losses resulting from transactions entered into independently between users and third parties whose products, vehicles or services are displayed or linked through the Platforms, except to the extent that responsibility arises under mandatory applicable law or from VELOCE's own legally attributable conduct.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability that cannot validly be excluded because of intentional or grossly negligent conduct or mandatory consumer protection rules.

10. Responsibility for Your Use

You are responsible for your use of the Platforms and for Content that you submit.

To the extent permitted by applicable law, you may be responsible for losses, claims or reasonable costs caused by your unlawful use of the Platforms, your infringement of third-party rights, or material submitted by you in breach of these Terms.

Nothing in this Section imposes liability on a consumer beyond liability provided by applicable law.

11. Privacy

Personal data collected through the Platforms is processed in accordance with the applicable **Privacy Policy** and applicable data protection law.

The Privacy Policy should be read together with these Terms where personal data is processed in connection with your use of a Platform.

12. Governing Law and Jurisdiction

12.1 Governing Law

These Terms and your use of the Platforms are governed by the substantive laws of Switzerland, without prejudice to any mandatory provisions of law that apply irrespective of this choice.

12.2 Jurisdiction

For disputes involving business or professional users, and to the extent legally permitted, the courts at the registered seat of **Veloce Media Agency GmbH in Zürich, Switzerland**, shall have jurisdiction.

For consumers, any mandatory statutory rights concerning applicable jurisdiction remain unaffected. Nothing in these Terms requires a consumer to waive a place of jurisdiction that cannot validly be waived under applicable law.

Before commencing legal proceedings, the parties are encouraged, where appropriate, to attempt to resolve disputes directly and in good faith.

13. Amendments

We may update these Terms from time to time to reflect changes to the Platforms, our business, applicable law or regulatory requirements.

The current version will be published on the relevant Platform together with its last-updated date.

Where required by law or reasonably appropriate in connection with an account or ongoing contractual service, we will provide appropriate notice of material changes.

Changes to these Terms will not retrospectively alter the terms of an already completed transaction unless permitted by applicable law or agreed by the parties.

14. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall apply to the maximum extent permitted by law and, where necessary, shall be severed from the remaining provisions.

The remaining provisions shall remain unaffected.

15. No Waiver

Failure by VELOCE to exercise or enforce a right under these Terms does not constitute a waiver of that right.

16. Transfer

You may not transfer contractual rights arising under an account or individual service without our prior consent where such consent is reasonably required.

VELOCE may transfer its rights and obligations in connection with a Platform or service as part of a corporate restructuring, merger, acquisition, transfer of business or similar transaction, subject to applicable law and without reducing mandatory rights available to users or consumers.

17. Entire Agreement

These Terms, together with the policies and any specific terms expressly incorporated into them, constitute the agreement governing your use of the relevant Platform.

Where a separate written agreement exists between you and VELOCE in relation to specific professional, editorial, publishing, partnership or commercial services, that agreement shall prevail in relation to its subject matter.

18. Contact

Questions regarding these Terms may be sent to:

Veloce Media Agency GmbH
Bahnhofplatz 1
CH-8001 Zürich
Switzerland

welcome@velocemedia.ch

UID: CHE-352.843.964