Updated on July 12, 2019
Updated on February 15, 2020
Welcome to www.markables.net, the website of Trademark Comparables AG. Trademark Comparables AG – having its principal offices at Herrengasse 46a, 6430 Schwyz, Switzerland – is a provider of information concerning the value of trademarks and other intangible properties, and related valuation parameters.
Please read this License Agreement carefully. By clicking on the “I Agree – Create my account” button”, or by continuing to use this Site after your initial registration, You are binding yourself as the Licensee to the terms of this License Agreement.
ACCESS TO THE SITE
You agree to provide complete and accurate information in your registration process, and You agree not to provide any registration information that is false, misleading or incorrect. You also agree to notify us if any of your registration information changes. If at any time we have any reason to believe that any of your registration information is inaccurate, untrue, incomplete or otherwise incorrect, we reserve the right to terminate this License Agreement and terminate your access and use of the Site and our Services. By accessing the Services and Content via the Site You represent and warrant that You are an authorized User. You will take all precautions to maintain the security of your password.
Our Content is based on publicly available data from the financial reporting of public companies, from corporate press releases, from websites and from other information in the public domain, which we deem reliable sources. TCAG may make modifications and/or changes in this Site or in the Content at any time and for any reason. Our Content is updated on a regular basis. TCAG endeavors to provide the most accurate, up-to-date, reliable and complete Information through this Site. However, it is expressly stated that any Information through this Site is provided on an “as is” and “as available” basis. No guarantees or assurances can be made to the accuracy or completeness of any information provided or our Content.
Each company has differing levels of reporting details. Sample Records shown on this Site are for illustration only and do not represent the number of data points available on every Record, which varies.
Access to all search functions of this Site, and to excerpts of Records, is free of charge. Access to full documents (Records”) is granted upon payment. Payment is made through Prepaid Accounts or Annual Subscriptions, or on a Pay-per-Record basis. Access to the full content of purchased Records is provided immediately upon checkout/payment through your account. You have unlimited access to purchased Records for a period of 12 months after purchase.
Prices per Record and payment plans can be found in the pricing section of this Site. All sales and purchases are final once payment is made and accessibility of Records is provided.
TCAG may review User’s actual use of the service. In the event that User’s actual use of a Subscription exceeds a reasonable rate of usage, TCAG may terminate or limit in its sole discretion the Subscription or User’s access to the site. The actual use of an annual Subscription is assumed to be unreasonably high if the number of 1.000 downloaded records is exceeded within the 12-month Subscription period.
LICENSE GRANT AND RESTRICTIONS OF USE
Subject to the terms and conditions of this License Agreement, TCAG hereby grants You a revocable, non-exclusive, non-transferable limited license to access and use (without the right to sub-license) on a confidential, password-restricted basis, the Service, for the limited purpose of enabling You to use the search functions and access purchased Records within the Content. TCAG does not convey any proprietary rights or other interest in the Service and Content other than this license granted herein. All information provided by TCAG on the Site as part of the Services is for informational purposes only.
By becoming a Licensee and User of the Site and of our Services, You understand, accept, and agree to the following:
The Content and Information made available through the Services and on the Site (including all data, statistical analyses, reports, transmissions, text, graphics, user interfaces, visual interfaces, photographs, video, audio, artwork, computer and html code, programs, and software) is confidential and proprietary information and the sole property of TCAG, comprising works of original authorship, including compiled Information containing MARKABLES selection, arrangement and expression of such Information or pre-existing material it has created, gathered or assembled; and trade secret and other confidential information, including information that derives value or potential value from not being readily known or available. All Content and Information is protected by Swiss and Worldwide copyright and intellectual property laws and regulations.
Content made available to You is licensed to You by TCAG for your own personal use only and such Content may not be copied, distributed, disseminated, retransmitted, rebroadcast, republished, uploaded, posted, compiled, prepare derivative works based upon, modified, performed, displayed, reproduced or otherwise used in any manner, and nothing shall imply any license or right otherwise. Unless otherwise specifically authorized by TCAG in writing, the Content distributed via the Service may not be viewed or otherwise displayed in areas open to the public, including, without limitation, commercial establishments. You may not rebroadcast or transmit the Content or charge admission for its viewing/use. As outlined above, You may not permit other individuals to access Content and Services with your individual User account, even if your license is a company or division license. You shall not remove or permit others to remove any proprietary legend or restrictive notice from any Confidential Information, including the TCAG service. Any copies of Confidential Information made by You under the terms of this License Agreement must include the copyright, trademark, service mark, and other proprietary notices that appear on such Confidential Information, as originally provided to You.
Trademark Comparables, MARKABLES, and all other trade dress, names, logos, and icons identifying Trademark Comparables AG and its programs, products, and services are proprietary trademarks of Trademark Comparables AG, and any use of such marks and domain names is strictly prohibited by Swiss and international trademark law. Other product and company names mentioned on the Site may be the trademarks and/or service marks of their respective owners.
In the event of You acting in material breach of this License Agreement, TCAG may close your personal account and suspend or terminate the Service to You without prior notice. In such event you must destroy immediately all downloaded Content from the Site in your possession, custody or control.
TCAG may terminate the Services of this Site at any time. In such event, You will have access to your personal account for a reasonable period of 3 months after we notified YOU about such termination. In the event that you have prepaid for the Services through a Prepaid Account or a Subscription Account, You are entitled to a pro rata refund of your unused prepayment.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TCAG’s Service, including all Content, functions, materials and Information made available on or accessed through the Site, are provided on an “as is”, “as available” basis without representation or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. To the fullest extent permitted by applicable law, TCAG makes no representations or warranties of any kind regarding the use or the results of the Services, Content or its Site in terms of its correctness, accuracy, reliability, ability or failure to operate as intended, or incomplete or incorrect information, or otherwise and TCAG shall have no liability for the use of the Services, Content or the Site. You acknowledge that the Services may contain bugs, errors and other problems that could cause system failures or that the Services may not perform all functions for which it is intended or represented and the use of the Services is entirely at your sole risk.
By signing in to the Site, You hereby assume all liabilities (financial and/or non-financial) and consequences for any losses that may arise from any information and Content provided by TCAG or your use of the Services. If You are using this Content to engage in valuations, transactions or investments, You acknowledge these activities involve a high degree of risk, and financial losses can and do occur on a regular basis and are part of the risk of valuing, transacting and investing. By signing into this Site and using the Services You agree to release TCAG and all its member contributors from any financial and non-financial liabilities. You hereby assume any and all losses or liabilities resulting from any direct or indirect valuation, transaction or investment decisions You make as a result of any information provided by TCAG, whether through the Services or otherwise. In no event shall TCAG or any of its officers, directors, employees, shareholders, affiliates or agents be liable for any direct, special, incidental, indirect, punitive or consequential damages that are directly or indirectly related to the use of, or to the inability to use, TCAG’s Service or the Content, materials and functions, including without limitation loss of revenue or anticipated profits or lost business or lost sales or goodwill. Notwithstanding the aforesaid, total liability of TCAG for any reason whatsoever shall not exceed the total amount paid by You to TCAG in connection with the subject matter of the particular dispute.
This License Agreement constitutes the sole legal basis between You and TCAG for the use of the Site and its Content and replace all previous Agreements. If any provision of this License Agreement should be invalid, the validity of the other provisions shall be unaffected and remain in full force and effect. This License Agreement is governed by Swiss law and shall be interpreted and applied accordingly. By signing in to the Service, You agree to the exclusive jurisdiction of the Swiss courts at the seat of TCAG. TCAG reserves the right to take injunctive measures or legal action at the seat of User or any other competent court.
Updated on March 8, 2021
Privacy and Data Protection Policy
PRIVACY AND DATA PROTECTION POLICY
Please note that “you” and “yours” refers to you as an individual and not to any legal or corporate entity. “We” or “our” refers only to the Company, a company incorporated in Switzerland, which owns and operates this Site.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
We never use or install spyware on your computer, nor do we use spyware to retrieve information from your computer. Like many websites, we use “cookies”, which are files stored on your computer’s hard drive by your browser. For more information, please visit our Cookies Policy.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology and we do not store any payment details; these are stored by the Payment Gateways, who are also obliged to treat their data according to all relevant security guidelines. Where we have given you (or where you have chosen) a password which enables you to access certain parts of this Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
DATA SECURITY AND CONFIDENTIALITY
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to ensure that services provided, fulfill technical and organizational security measures that are appropriate to protect your personal data, we cannot guarantee the security of your data transmitted to this Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
You may communicate with us by e-mail. E-mail messages sent over the Internet are neither confidential nor secure. They may be viewed by third parties, lost, intercepted or altered. E-mails may be transferred across national borders, even if both sender and recipient are located in the same country. We will not be liable for any damages suffered in connection with the use of e-mails or any other electronic messaging system when communicating with us.
STORAGE OF E-MAILS
All incoming and outgoing e-mail messages are automatically stored in our Electronic Message Repository for the purpose of preserving the evidential significance of e-mails. The e-mails are protected by legal, technical and organizational measure. They may only be accessed in justified cases in accordance with applicable laws and regulations (e.g. court order, suspicion of criminal conduct, breach of regulatory obligations, material breach of employment contract). Access is only granted to employees in defined functions (e.g. litigation, legal, compliance, risk). All e-mails are disposed of after a limited period of time. If you do not wish the retention of private e-mails by us, we strongly advise you not to send private, non-business related e-mails to our e-mail accounts.
USES MADE OF YOUR PERSONAL DATA
We use data held about you for the following purposes:
Through your use of this Site, we may also gather certain information about your use of the Site that does not identify you individually. Generally, this information is collected through “traffic data”. We collect and store such information automatically whenever you interact with this Site.
DISCLOSURE OF YOUR PERSONAL DATA
We will not disclose your personal data to third parties, except for the following:
PROTECTION OF CHILDREN
We do not wish to collect over this Site personal data from individuals under the age of 18. Individuals under the age of 18 are requested to receive permission from their parent or legal guardian before providing any personal data to us.
You are entitled to ask for a copy of your personal data which has been collected online and in which manner the data is processed. You may also ask to have your data rectified or deleted as required by applicable data protection law. Any such request must be made in writing to Trademark Comparables AG, Herrengasse 46a, 6430 Schwyz/SZ, Switzerland, or through firstname.lastname@example.org