CONDITIONS OF USE OF THE PLATFORM

INTRODUCTION

This document describes the use of the online platform "LongLake" (hereinafter referred to as the "Platform"), consisting of the website www.longlake.ch (hereinafter referred to as the "Site") and related resources, including social media pages and profiles (in particular: Instagram).

Paragraphs A and B specify the ownership of the Platform, contact details for communications, and describe the mechanism for acceptance and review of this document. The conditions for accessing and using the Platform and its features are described in Paragraph C. Finally, Paragraph D governs the substantive law applicable to the legal relationship between the parties and establishes the competent forum in the event of a dispute related to that relationship.

The personal data processing and cookies policy regarding the Platform, with consequent user information, is described in a separate document, accessible at this link.

 The same is understood to be reproduced and supplemented in full here.

"User" means any person, natural or legal, who uses the Platform. "Promoter" means any user, natural or legal person, who reports or organizes events intended for publication on the Platform.

PLATFORM HOLDER AND COMMUNICATIONS

The Platform is owned by the City of Lugano (CH) (hereafter the "Owner") and managed by the Events and Congress Division of the City of Lugano.

All communications shall be in writing and shall be deemed validly and effectively executed upon receipt thereof, if made by regular mail, respectively upon the sending of confirmation of reading, if made by electronic mail.

Contact:
Events and Convention Division, City of Lugano

Via Trevano 55, CH-6900 Lugano
+41 58 866 74 40 (from Switzerland)
E-mail: eventi@lugano.ch

ACCEPTANCE AND MODIFICATION OF TERMS AND CONDITIONS

By using the Platform, you agree to the terms and conditions in effect at the time of access. The current version can be viewed by clicking on the appropriate link at the bottom of the Site. It is the user's responsibility to carefully check the status of the terms and conditions before accessing the Platform, the Owner's right being reserved to update this document at any time and at its own discretion, notably in accordance with developments in applicable law, functionality, and the services and products made available to the user.

CONDITIONS OF USE OF THE PLATFORM

1 Subject

The Platform allows users to find information via website and Newsletter about events taking place within the LongLake Festival program. Users also have the ability to share and/or comment on events via their favorite social media outlets.

2 The Platform provides information free of charge and without guarantee

The Platform is for informational purposes only and is free of charge.

The Owner does not exercise any control or perform any prior verification of external events reported by promoters and posted on the Platform. The user should not rely on such information without adequate direct verification with the event organizer, considering that the Lugano Municipality makes no guarantee of completeness and/or correctness.

It is recommended that the user contact the event organizer in advance and ask for confirmation of all elements relevant to their choice (specifically: confirmation of event holding, price, age restrictions, security requirements, etc.).

3 Policy on hyperlinks

The Owner authorizes, reserving the right to revoke at any time, direct hyperlinks to the home page of the Site or to social profiles, provided that such links are not in any way detrimental to the image of the Platform, the Owner and its bodies, directors and officers.

Hypertext links to internal pages of the Site, downloading and incorporating, in part or in full, the contents of the Platform into other online and/or offline sites or resources are prohibited and will be prosecuted civilly and criminally, unless licensed in writing by the Owner.

4 Contents of the Platform

Intellectual property on the Platform

The Owner holds full and exclusive intellectual property over the individual components of the Platform, its graphics, databases and content, as well as legally protected signs and designations, as well as registered (where indicated) and unregistered trademarks. Any use by third parties not supported by a legal or contractual license for use, in the latter case in written form, is unlawful and liable to civil and criminal prosecution.

Content derived from social media and other public sources

The Owner publishes images selected by its contributors or submitted by users on the Platform.

Should the author of the images believe that they are protected by Swiss copyright law (SLA), the Holder is available to settle the matter. Please write to agenda@lugano.ch providing the link to the photograph, your personal information and proof of legitimacy as author or owner of the claimed copyrights.

In case of protection, at his or her own choice, the author may request either the mention of his or her authorship or still the deletion of the image from the Platform.

Right to edit transmitted content

The Owner reserves the right, which the user accepts by using the Platform, to unilaterally and without prior consent modify text, images, links and content intended for publication.

5 Rights to user-generated content

Waiver or license; reservation of rights

To the extent legally permissible, by dissemination of content via the Platform, e.g. in the form of reviews, documents, messages, images, photographs, etc., the user waives all rights to such content, particularly pertaining to intellectual property, respectively the exercise of such rights, so that the published content is freely available to all users of the Platform. Where the foregoing waiver is not permissible, the user grants to the Owner and other users of the Platform a general, royalty-free, non-exclusive, irrevocable license, of indefinite duration and with global effect, to use, share and store, for non-commercial purposes, the content disseminated through the Platform.

On the other hand, the rights of event promoters to the content pertaining to them being disseminated through the Platform (in particular, images, logos, photographs, and text) are fully reserved.

Deletion of user-generated content in case of abuse

The Owner agrees to promptly delete user-generated content and in case of violation of these terms of use. The request for deletion must come from the holder of the invoked right, as well as be precise, justified and documented. It must be submitted in writing electronically to agenda@lugano.ch.

6 Owner's Obligations and Limitations of Liability

Availability of the Platform

The Owner makes the Platform and related resources available to users on a purely voluntary basis. Therefore, the availability of the Platform does not confer any right to the provision of goods or services, nor to the maintenance of the Platform. In particular, the reporting of an event, either one's own or a third party's, does not determine any right to actual publication.

The Owner reserves the right to suspend, modify or discontinue, at any time, without notice and at its discretion, the availability of the Platform and its content.

The Owner also reserves the right to exclude specific users and/or content from the Platform and its linked resources, particularly where there is evidence of activity or conduct that does not comply with this document.

Limitations of liability

User content on the Platform is understood to be published without guarantee of lawfulness, completeness, accuracy or reliability, as such content is not under the control of the Owner or subject to prior verification. Responsibility for content rests solely with those who have uploaded or shared it on the Platform, respectively their authors.

By using the Platform, you agree that the Owner assumes no role, as well as no liability, in relation to the (direct) contractual relationship between you, the event promoter or organizer.

Any liability of the Owner in case of malfunctioning or unavailability of the Platform and related resources attributable to external events (for example: internet network interruptions, malfunctioning of the user's devices, cyber attacks, blackouts, etc.) or as part of ordinary or extraordinary maintenance work is excluded. In case of urgency during periods of temporary unavailability of the Platform, the user may contact the Owner by phone or e-mail.

7 Links to sites, resources, and online services outside the Platform

The Platform integrates links to sites, resources and online services outside its domain, for example, to capture real-time data and display information (e.g., images, news and movies). The Owner has no control over such sites and resources, in particular from the point of view of security, quality of information received and data protection, so no responsibility is accepted for any malfunction, unavailability, damage or loss resulting from the use of / reliance on any content, goods and/or services from third party sources or available on sites and resources outside the domain luganoeventi.ch.

APPLICABLE LAW AND JURISDICTION

The legal relationship between the user and the City of Lugano with respect to access to and use of the Platform (and related resources) is governed by Swiss substantive law, subject to cantonal law where applicable, excluding the rules of private international law.

The parties shall select the competent Court for the District of Lugano as the Court having exclusive jurisdiction in the event of a dispute arising out of or simply related to the use of the Platform (and related resources), subject to any mandatory rules of law imposing a different forum. The City of Lugano reserves the right to bring suit in the competent court at the user's registered office, branch or domicile.

Effective date: May 24, 2022