Terms and Conditions of Use
Effective March 31th, 2011
PLASMA Design LLC, a Swiss corporation, (“Us”, “We” or “Our”) welcomes you (“You” or “Your”) to Our website http://www.allyou.net (the “Site”). The purpose of this website is to provide web publishing services. Allyou offers the possibility to design online and storage Your own collection, projects and information. You will find below the terms and conditions which You must accept before (and while) You use the Service. The website Allyou is currently in development. You understand and agree that the Service may still contain software bugs, suffer disruption an does not operate as intended or designated. Your use of the Service at this stage signifies your understanding of and agreement to participate in the Service’s development. We provide the Service to You, subject to the following terms and conditions (“Terms“) which may be updated by Us from time to time without notice to You. The most current version of the Terms may be found at http://www.allyou.ch. We will host the Service and may update the content, functionality, and interfaces of the Service from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Service will be subject to these Terms.
1. Acceptance of Terms
Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on the Site (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“You”) under the following terms and conditions:
2. Registration and Security
As a condition to using Services, You will be required to register with Us and select a password. You shall provide Us with accurate, complete, and updated registration information, including Your e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Your account. You shall be responsible for maintaining the confidentiality of Your password. You are solely responsible for any use of or action taken under Your password and accepts full responsibility for all activity conducted through Your account and agree to and hereby release the Site and Us from any and all liability concerning such activity. You agree to notify Us immediately of any actual or suspected loss, theft, or unauthorized use of Your account or password. The Site will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities
3. Access to the Services
Subject to the terms and conditions of this Agreement, We may offer to provide the Services, as described more fully on the Site, and which are selected by You, solely for Your own use, and not for the use or benefit of any Embed. Services shall include, but not be limited to, any services We perform for You on the Site. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. We reserve the right, at its discretion, to modify these Service at any time by posting revised Service on the Site and becoming familiar with any such modifications. Use of the Services by You following such modification constitutes Your acceptance of the terms and conditions of this Agreement as modified.
You certifies to Us that if You are an individual (i.e., not a corporate entity), You are at least 13 years of age. No one under the age of 13 may provide any personal information to or on Us (including, for example, a name, address, telephone number or email address). You also certifies that You are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site.
We will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Us to minimize such disruption where it is within Our reasonable control.
You agree that neither We nor the Site will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site or the Services.
We retain the right to create limits on use and storage in its sole discretion at any time with or without notice.
4. Your Rights to Use the Service
You acknowledge and agree that the Service contains proprietary and confidential information that is Our property and/or property of Our licensors and is protected by laws. Subject to the Terms, We grant to You a non-exclusive, non-transferable and terminable license to use the Service. You understand and agree that rights granted to You are provided on the condition that You do not (and do not allow any Embed to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, publicly display, publicly sell, lease, or transfer the Service or any part thereof or likewise attempt to discover any source code, modify the Service in any manner or form, or use unauthorized modified versions of the Service, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than the interfaces that We provide to You. You are expressly prohibited from sublicensing the Service to any Embed or permitting any Person other than You to use the Service. We do not guarantee the accuracy, integrity or the usefulness of the content available via the Service.
You understand and agree that all information, including, but not limited to, text, graphics, pictures, video, links, addresses, data, functionality and other materials (“Content”) that You or a Embed allow, submit, post, obtain, email or transmit (or the like) to the Service (collectively, “Your Content”) is Your responsibility and not Our responsibility. We do not control Your Content nor do We have any obligation to review, refuse, or remove any Content available via the Service; however, We reserve the right to remove any Content available via the Service at any time. Circumstances under which We may remove Your Content include, but are not limited to, violation of the terms of this Agreement, abuse of the Service, notification of possible infringement of another’s rights, privacy concerns, compliance with laws and in the assistance of law enforcement. Additionally, We do not guarantee the accuracy, integrity or the usefulness of Your Content.
You understand We may temporarily disable your account if You use more than 100 GB/transfer month. You understand if You downgrade features relating to Your account, You may lose portions of Your Content and agree that We will have no liability to You of any kind or nature arising out of or related to loss of Your Content.
5. Your Content
You shall own all Your Content that You contribute to the Site. However, all Design, Layout or new Structure of any kind you may produce while using Our Services shall be fully assigned to Us. In addition, you hereby grant and agrees to grant Us a non-exclusive, worldwide, royalty-free, transferable right to use and copy Your Content for promotion purposes only. While using Your Content for promotion purposes we are not obligated to give reference. On termination of Your membership to the Site and use of the Services, We shall make all reasonable efforts to promptly remove from the Site and cease use of Your Content. However, You recognize and agree that caching of or references to Your Content may not be immediately removed.
6. Content and Obligations
You understand and agree that We reserve the right to modify, suspend or discontinue any part or all of the Service at anytime without notice to You and that We will not be liable to You or to any Embed for doing so. Additionally, You understand and agree that We may, without notice to You, access, preserve, and disclose Your Content if required to do so by law, or if, in Our reasonable judgment such is reasonably necessary to: (a) comply with Your requests for assistance with the Service; (b) comply with legal process; or (c) address claims from third parties that Your Content violates their rights.
You agree to provide accurate, current and complete information and to use commercially reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete. You agree that if You provide information that is intentionally inaccurate, not current or incomplete in a material way, or We have reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, We have the right to suspend or terminate your use of the Service or any portion thereof.
You understand and agree that You will provide to Us, and We will provide to You certain information, some of which may be considered to be confidential information. Confidential information will remain the sole and exclusive property of the party disclosing the confidential information and may not be disclosed to any Embed without the prior written consent of the party disclosing the confidential information. We agree to protect Your confidential information in the same manner We protect the confidentiality of similar information and data of Our own, and at all times We will exercise no less than a reasonable degree of care. Similarly, You agree to protect Our confidential information in the same manner You protect the confidentiality of similar information and data of Your own, and at all times, You will exercise no less than a reasonable degree of care. Items will not be deemed to be confidential information: (i) if they are available to the public, (ii) if they are rightfully received from a Embed who is not in breach of any obligation of confidentiality to You or Us, as applicable, (iii) if they are independently developed by You or Us without use of the confidential information; (iv) if they are known to You or Us at the time they are disclosed (other than under a separate confidentiality obligation); or (v) if they are produced in compliance with applicable law or a court order, provided the other party is given reasonable notice of the same.
You authorize Us to: (1) disclose the master username and master password that is used to access Your data in the Service to those persons to whom You have authorized Us in writing to disclose to; and (2) send electronic and other transmissions (pursuant to any additional oral or written instructions that You may give to Us from time to time) of any current and future data that is loaded into the Service (the “Electronic Transmissions”) to those persons to whom You have authorized Us in writing to disclose to.
You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Your right to Services or to access the Site. Your may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of Us.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will You use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.
8. Payments, Renewals
All payments due are in US$ unless otherwise indicated. We accept PayPal as payment sources. All payments are final and non-refundable, except in Our sole discretion. If Your use of the Service is terminated for any reason, whether by You or by Us, You will lose and forfeit any time remaining on Your account with Us.
You must select from the following types of subscriptions for the Service: (i) yearly; or (ii) month-to-month. All types of the Service are defaulted to renew automatically. Accordingly, as of the anniversary date of Your subscription, You will be charged the current rate. We charge for Your type of subscription to the Service.
You authorize us to bill the payment source You provide to Us for all applicable fees. If Your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make up to two attempts to reprocess Your payment source. Thereafter, we reserve the right to disable or cancel Your use of Service immediately.
9. Service Termination
You may cancel Your use of the Service at any time. You are solely responsible for cancelling your account before the next invoice period. You understand and agree that We may immediately terminate Your right to use the Service without notice to You under certain circumstances, including, but not limited to:
breaches of the Terms;
requests by law enforcement, government agencies or court order;
security and technical issues or problems;
non-payment of any fees owed by You; or
extended periods of inactivity.
If We terminate Your right to use the Service, You understand and agree that We may delete all of Your Content (and any Content associated with You) and that We will not be liable to You or any Embed, for any termination of Your right to use the Service or for the deletion of Your Content.
Upon termination, We will have no further obligation to grant You any access to or use of the Service.
10. Links and Dealings with Outside Parties
We have no control over any links or other resources available to You via the Service and Your interaction with and third parties via the Service are solely between You and such parties. We are not responsible for the availability of such external sites or resources, and do not endorse any content, advertising, products, or other materials on or available from such sites or resources. You agree that We will not be liable, directly or indirectly for any loss or damage of any kind or nature arising out of or related to, or incurred in reliance upon, any such interactions, links, resources or content.
11. Protection of Certain Personally-Identifying Information
We collect such information only insofar as is necessary or appropriate to fulfill the purpose of Your interaction with Us. We do not disclose personally-identifying information other than as described below. You can always refuse to supply personally-identifying information, with the caveat that it may prevent you from engaging in certain website-related activities.
We disclose potentially personally-identifying and personally-identifying information only to those of our employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Our’s behalf or to provide services available at the Website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Website, You consent to the transfer of such information to them.
Other than to Our employees, contractors and affiliated organizations or as described above, We disclose potentially personally-identifying and personally-identifying information only when required to do so by law, or when We believe in good faith that disclosure is reasonably necessary to protect the property or rights of Us, third parties or the public at large.
12. Your Indemnification of Us
You will indemnify, defend, and hold harmless Us from and against all liabilities, damages, and costs (including, but not limited to, reasonable attorneys’ fees and all settlement costs) arising out of or related to a Embed claim: (i) regarding Your Content; (ii) Your infringement or misappropriation any patent, copyright, trade secret or trademark of any Embed; or (iii) regarding Your use of the Services in violation of the Terms.
13. Representations and Warranties
You represent and warrant that:
- all of the information You provide to Us is correct;
- You have all necessary right, power and authority to enter into this agreement and to perform the acts required of You under this agreement;
- You own or otherwise have the right to use, post, and disclose Your Content on the Service and that the use of such Content will not infringe or violate any of the rights of any Embed pursuant to applicable laws;
- You will not harasses or causes distress or inconvenience to any person via the transmission of obscene or offensive Content;
- You will not disrupt the normal flow of any access to, or use of, the Service;
- You agree to comply with all local rules regarding online conduct and acceptable Content.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
- WE MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE TIMELY, SECURE OR ERROR-FREE OR OPERATE IN AN UNINTERRUPTED FASHION; (iii) ANYTHING GENERATED BY OR OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS WILL BE CORRECTED; AND
- ANY MATERIALS OBTAINED VIA THE SERVICE SHALL BE SOLELY AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SYSTEMS OR OTHERWISE OR LOSS OF DATA THAT RESULTS FROM ANYTHING OBTAINED VIA THE SERVICE.
WE ARE EXCLUSIVELY LIABLE IN ACCORDANCE WITH THE LEGAL PROVISIONS FOR TYPICALLY OCCURRED AND FORESEEABLE DAMAGE OF ANY KIND CAUSED BY A GROSSLY NEGLIGENT OR INTENTIONAL VIOLATION OF ESSENTIAL CONTRACTUAL DUTIES. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR ANY LIABILITY WICH CANNOT BE EXCLUDED BY APPLICALBE LAW.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE (INCLUDING ALL OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND LICENSORS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY Embed ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. General Information
- This constitutes the entire agreement between Us and You and governs Your use of the Service and supersedes any prior agreements between Us and You with respect to the Service.
- Nothing contained herein will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur any warranty, liability or obligation of any kind (express or implied) on behalf of the other party.
- Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of the right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, then You agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms and Other Policies remain in full force and effect.
18. Applicable Law / Jurisdiction
The Agreement shall be governed by and interpreted in accordance with the laws of Switzerland. All conflicts relating to the performance or the interpretation thereof shall exclusively be deferred to the competent court of Zurich, Switzerland. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.