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.