1. Ownership of the Site
1.1 These newsroom terms of use ("Newsroom Terms of Use") apply to the Climeworks newsroom website located at https://newsroom.climeworks.com/, all associated Climeworks websites linked to it by Climeworks and Climeworks content hosted by third party websites with the approval of Climeworks (collectively, the "Site").
1.2 Climeworks AG and its affiliates (referred to throughout as "Climeworks", "our", "we", or "us") maintain the Site without obligation towards those who may choose to access the Site ("your" or "you").
2. Agreement to the Newsroom Terms of Use
2.1 By using the Site, you agree to these Newsroom Terms of Use.
2.2 We may amend these Newsroom Terms of Use from time to time without notice. The applicable version will be available here. Amended Newsroom Terms of Use are effective from the date of publication on the Site.
2.3 Your continued use of the Site, following the publication of amended Newsroom Terms of Use, will mean that you agree to and accept to be bound by them.
2.4 Climeworks website terms of use ("Climeworks Website Terms of Use", available here) and Climeworks privacy policy ("Climeworks Privacy Policy", available here), in their version available on the Site, are made part of these Newsroom Terms of Use. By agreeing to these Newsroom Terms of Use, you also agree to these.
2.5 To the extent these Newsroom Terms of Use conflict with the Climeworks Website Terms of Use, the Newsroom Terms of Use will prevail. Any conflict between the Newsroom Terms of Use and any other document will be resolved in favor of the Newsroom Terms of Use.
3. Site Material
3.1 Provided that you continuously comply with these Newsroom Terms of Use, we may grant you a personal, non-exclusive, non-transferable, limited permission to visit the Site and to download and copy the information, pictures, recordings, documents, video presentations, television programs and other associated materials (collectively, "Materials") from the Site for your use, including the right to redistribute them or to copy, transmit, publish, make available and archive, subject to the terms and conditions outlined below, and also subject to more specific restrictions that may apply to specific Material within this Site.
3.2 Unless expressly stated otherwise, the findings, interpretations and conclusions expressed in the Materials on this Site are those of employees, consultants and advisers to or other third parties mandated by Climeworks who have been involved in the preparation of the Materials and do not necessarily represent the views of Climeworks.
4. Use of the Site Materials
4.1 Your first use or publication of any Material must occur prior to six months from the date on which you downloaded such Material or any part thereof from the Site.
4.2 Except as may be otherwise approved by us in writing prior to such editing, you must not edit any Materials (for example alterations to format and captions) other than non-substantive edits to accommodate any changes in format (for example aspect ratio) or as absolutely required to ensure such content complies with your own content standards, subject always to this section 4.
4.3 When using any of the pictures or videos contained in the Materials, you must ensure that (i) such Materials are crediting Climeworks, (ii) when specifically referring to the Materials, any text or other content published by you adjacent to, captioning or accompanying Materials may only include information reasonably required to provide context and introductory information to the Materials; and (iii) no general site advertising appears around or adjacent to the Materials so as to suggest an endorsement by us of the advertised products or services.
4.4 When using any of the Materials, you must ensure that, unless otherwise approved by us in writing prior to such use, (i) the Materials are not used in (a) paid media promotion, or (b) publications, newspapers, magazines, social media channels or other media that could bring Climeworks into disrepute or that are dedicated or connected to the fossil, mining or weapons industries and (ii) the Materials or your use of the Materials are not subject to third party sponsorship.
4.5 You shall ensure that the use of the Materials, including but not limited to advertisements or commercials broadcast during such use, shall not at any time: (i) associate us with any of your particular opinions or create any impression or representation that you or any of your third party sponsors has a relationship with us or that your or such sponsors’ products or services are endorsed by us; (ii) be obscene or defamatory of any person, or lead to disorder, or be offensive to the public or bring us into disrepute; (iii) misrepresent the Materials; (iv) encourage or incite crime, or behavior prejudicial to the protection of the environment, health or safety; (vi) be in breach of any applicable laws, statutes, rules (administrative or otherwise), regulations, or any requirement of any governmental body; (vii) be in conflict with required consents, permissions or clearances of any third parties; (viii) adversely reflect upon us and the goodwill associated with our name, or be otherwise incompatible with our purposes; (ix) identify contributors more fully than they have been identified in the Materials (except where you have obtained appropriate prior written consent).
4.6 You shall ensure that the Materials are not unduly affected by your use of the Materials. You take full responsibility for the occurrence of any significant distortion in the quality or nature of the message conveyed by the broadcast or publishing of the Materials and shall rectify it promptly upon first demand.
5. Intellectual Property
5.1 The Site and its content are our property and you acknowledge that the Materials were provided by us on the Site.
5.2 No rights of any kind other than the licenses set forth in section 3.1 are granted under these Newsroom Terms of Use. In particular, no other license, rights of use, and/or ownership of any kind of Climeworks’ intellectual property are granted and all know-how, patents, trademarks, tradenames, designs, copyrights, manufacturing, or business secrets, and all other intellectual property owned by Climeworks, shall remain the exclusive and unrestricted property of Climeworks.
6. Warranties and Disclaimers
6.1 Materials provided on this Site are provided "as is", without warranty of any kind, including with respect to your use of such Materials, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, conformity with description, and non-infringement. Climeworks specifically does not make any warranties or representations as to the accuracy or completeness of any such Materials. Climeworks periodically adds, changes, improves or updates the Materials on this Site without notice.
6.2 This Site may contain links and references to third-party web sites. The linked sites are not under the control of Climeworks, and Climeworks is not responsible for the content of any linked site or any link contained in such site.
6.3 Climeworks provides these links for convenience only, and the inclusion of a link or reference does not imply the endorsement of the linked site by Climeworks.
7. Violation of the Newsroom Terms of Use
7.1 You acknowledge and agree that a violation of any provision of these Newsroom Terms of Use by you is a violation of the Climeworks Website Terms of Use.
8. Termination and Termination Consequences
8.1 In case we have terminated your access to the Site as a result of your breach of these Newsroom Terms of Use, all licenses granted under these Newsroom Terms of Use shall terminate immediately and, upon first demand, you must immediately cease using all Materials and remove all content containing such Materials from any platform where you broadcasted or published it.
9. Tracking Materials’ Use
9.1 Upon request from us, you must provide full details of your usage of Materials within seven (7) days.
9.2 Upon request from us, you will use reasonable efforts to provide data regarding the audience reach of the Materials and derivative works using the Materials on your broadcasting or publishing platforms.
10. Liability and Indemnification
10.1 The limitations and/or exclusions of liability set forth under this section 9 shall be interpreted as limitations and/or exclusions applying to the maximum extent permitted under applicable law.
10.2 Under no circumstances shall Climeworks be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of this Site and/or the Materials including, without limitation, any fault, error, omission, interruption or delay with respect thereto. The use of this Site and/or the Materials is at your sole risk. Under no circumstances, including but not limited to negligence, shall Climeworks be liable for any direct, indirect, incidental, special or consequential damages (including loss of use, loss of profit, and third-party claims), even if Climeworks has been advised of the possibility of such damages.
10.3 You specifically acknowledge and agree that Climeworks is not liable for any conduct of any user of the Site, including yourself. This Site may contain advice, opinions and statements of various information providers. Climeworks does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any user of this Site, including yourself, or any other person or entity. Reliance upon any advice, opinion, statement, or other information available on the Site shall also be at your own risk. Neither Climeworks, nor any of their respective agents, employees, information providers or content providers, shall be liable to any user of the Site, including yourself, or anyone else for any inaccuracy, error, omission, interruption, deletion, defect, alteration of or use of any content herein, or for its timeliness or completeness, nor shall they be liable for any failure of performance, computer virus or communication line failure, regardless of cause, or for any damages resulting therefrom.
10.4 As a condition of use of this Site and the Materials, you agree to indemnify and hold Climeworks, its officers, directors, shareholders, employees, agents, and affiliates harmless from any demands, losses, liability, claims, or expenses (including attorneys’ fees), made against Climeworks by any third party arising out of, or in connection with your use of this Site, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Newsroom Terms of Use. If you are dissatisfied with any Material on this Site or with any of its Newsroom Terms of Use, your sole and exclusive remedy is to discontinue using the Site and Materials.
11. Miscellaneous
11.1 No waiver by us of any provision of these Newsroom Terms of Use shall be binding except as set forth in writing and signed by duly authorized representatives.
11.2 Nothing in these Newsroom Terms of Use prevents you or us from engaging in similar agreements with third parties before, during, or after the termination of these Newsroom Terms of Use.
11.3 These Newsroom Terms of Use are the complete agreement between you and us with respect to your access to the Site and Materials and use thereof.
11.4 These Newsroom Terms of Use and all matters relating to your access to, or use of, the Site and/or Materials, including all disputes, shall be governed by substantive Swiss law. The United Nations Convention on the International Sale of Goods (CISG) shall not apply. If a dispute cannot be resolved, the ordinary courts of Zurich, Switzerland, shall have exclusive jurisdiction.
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