Terms of service
These terms of service ("Terms",
"Agreement") are an agreement between the operator of MyWebsite
("Website operator", "us", "we" or "our") and you ("User", "you" or
"your"). This Agreement sets forth the general terms and
conditions of your use of the
http://www.mywebsite.com website and any of its products or services
(collectively, "Website" or "Services").
Age requirement
You must be at least 18 years of age
to use this Website. By using this Website and by agreeing to this
Agreement you warrant and represent that you are at least 18 years of
age.
Backups
We are not responsible for Content
residing on the Website. In no event shall we be held liable for any
loss of any Content. It is your sole responsibility to maintain
appropriate backup of your Content. Notwithstanding
the foregoing, on some occasions and
in certain circumstances, with absolutely no obligation, we may be able
to restore some or all of your data that has been deleted as of a
certain date and time when we may have backed
up data for our own purposes. We
make no guarantee that the data you need will be available.
Links to other websites
Although this Website may be linked
to other websites, we are not, directly or indirectly, implying any
approval, association, sponsorship, endorsement, or affiliation with any
linked website, unless specifically stated
herein. We are not responsible for
examining or evaluating, and we do not warrant the offerings of, any
businesses or individuals or the content of their websites. We do not
assume any responsibility or liability for
the actions, products, services and
content of any other third parties. You should carefully review the
legal statements and other conditions of use of any website which you
access through a link from this Website.
Your linking to any other off-site
pages or other websites is at your own risk.
Advertisements
During use of the Website, you may
enter into correspondence with or participate in promotions of
advertisers or sponsors showing their goods or services through the
Website. Any such activity, and any terms, conditions,
warranties or representations
associated with such activity, is solely between you and the applicable
third-party. We shall have no liability, obligation or responsibility
for any such correspondence, purchase or promotion
between you and any such
third-party.
Prohibited uses
In addition to other terms as set
forth in the Agreement, you are prohibited from using the website or its
content: (a) for any unlawful purpose; (b) to solicit others to perform
or participate in any unlawful acts; (c)
to violate any international,
federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or
misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will
or may be used in any way that will affect the functionality or
operation of the Service or of any related website,
other websites, or the Internet; (h)
to collect or track the personal information of others; (i) to spam,
phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere
with or circumvent the security
features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Service or
any related website for violating any of
the prohibited uses.
Limitation of liability
To the fullest extent permitted by
applicable law, in no event will Website operator, its affiliates,
officers, directors, employees, agents, suppliers or licensors be liable
to any person for (a): any indirect, incidental,
special, punitive, cover or
consequential damages (including, without limitation, damages for lost
profits, revenue, sales, goodwill, use or content, impact on business,
business interruption, loss of anticipated savings,
loss of business opportunity)
however caused, under any theory of liability, including, without
limitation, contract, tort, warranty, breach of statutory duty,
negligence or otherwise, even if Website operator has been
advised as to the possibility of
such damages or could have foreseen such damages. To the maximum extent
permitted by applicable law, the aggregate liability of Website operator
and its affiliates, officers, employees,
agents, suppliers and licensors,
relating to the services will be limited to an amount greater of one
dollar or any amounts actually paid in cash by you to Website operator
for the prior one month period prior to the
first event or occurrence giving
rise to such liability. The limitations and exclusions also apply if
this remedy does not fully compensate you for any losses or fails of its
essential purpose.
Indemnification
You agree to indemnify and hold
Website operator and its affiliates, directors, officers, employees, and
agents harmless from and against any liabilities, losses, damages or
costs, including reasonable attorneys' fees,
incurred in connection with or
arising from any third-party allegations, claims, actions, disputes, or
demands asserted against any of them as a result of or relating to your
Content, your use of the Website or Services
or any willful misconduct on your
part.
Severability
All rights and restrictions contained
in this Agreement may be exercised and shall be applicable and binding
only to the extent that they do not violate any applicable laws and are
intended to be limited to the extent necessary
so that they will not render this
Agreement illegal, invalid or unenforceable. If any provision or portion
of any provision of this Agreement shall be held to be illegal, invalid
or unenforceable by a court of competent
jurisdiction, it is the intention of
the parties that the remaining provisions or portions thereof shall
constitute their agreement with respect to the subject matter hereof,
and all such remaining provisions or portions
thereof shall remain in full force
and effect.
Dispute resolution
The formation, interpretation and
performance of this Agreement and any disputes arising out of it shall
be governed by the substantive and procedural laws of Bern, Switzerland
without regard to its rules on conflicts or
choice of law and, to the extent
applicable, the laws of Switzerland. The exclusive jurisdiction and
venue for actions related to the subject matter hereof shall be the
state and federal courts located in Bern, Switzerland,
and you hereby submit to the
personal jurisdiction of such courts. You hereby waive any right to a
jury trial in any proceeding arising out of or related to this
Agreement. The United Nations Convention on Contracts
for the International Sale of Goods
does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this
Agreement or its policies relating to the Website or Services at any
time, effective upon posting of an updated version of this Agreement on
the Website. When we do we will revise the
updated date at the bottom of this
page. Continued use of the Website after any such changes shall
constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read
this Agreement and agree to all its terms and conditions. By using the
Website or its Services you agree to be bound by this Agreement. If you
do not agree to abide by the terms of this
Agreement, you are not authorized to
use or access the Website and its Services.
Contacting us
If you have any questions about this Policy, please contact us.
