1.2 Acceptation of the Terms.
Any access or use of the Application is subject to these Terms. Anyone who accesses, browses and/or uses the Application (a user or you) acknowledges having read, understood and agreed to these Terms.
These Terms may be amended from time to time, in which case you will be notified by any appropriate mean (including via email or through the Application or any other notification mechanisms). By continuing access or use of the Application after any amendment of the Terms, you agree to be bound by any such amendment.
OneVisage ("OneVisage", "we", "us") refers to OneVisage SA, a Swiss corporation registered in Canton of Vaud, Switzerland under reference CHE-342.923.082 with its registered office at Rue Saint-Martin 30, 1005 Lausanne, Switzerland.
2. Obligations of the User
You must at all times comply with these Terms and all laws and regulations applicable to the use of the Application. Subject to mandatory law to the contrary, you are not allowed to:
(i) copy, modify or create derivatives of any part or all of the Application, Content and/or the Services;
(ii) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Application, Content and/or the Services or any part of their infrastructure available to any third party;
(iii) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Application or of its infrastructure, nor incorporate any Content into another application or medium;
(iv) access the Application’s code, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Application or its infrastructure;
(v) and gather the email addresses or other Content or information available on the Application for purposes of spamming or for any non-personal or commercial purposes.
2.2 Representations and warranties of Users.
You represent and warrant that your use of the Application, and that your User Content, shall not
(i) infringe, or cause a third party to infringe, any applicable law or regulation;
(ii) infringe any intellectual property right, or other proprietary rights or right of publicity or privacy;
(iii) be unlawful;
(iv) be defamatory or trade libellous;
(v) be obscene or contain pornography;
(vi) include incomplete, false or inaccurate information about yourself, or any information about any other individual, company or other legal entity;
(vii) be inadequate or of inadequate language; and
(viii) alter the Application, or insert any malicious software into the Application or its infrastructure.
You must defend, hold harmless and indemnify us for any claim, demand, dispute, litigation, damage or loss - including reasonable attorney’s fees - incurred by us or another user or a third party arising out of your access and use of the Application and/or any infringement of the Terms.
3. Intellectual Property
We and our licensors own copyright and all intellectual property rights in and to the Application, the content published by us on or through the Application (the Content) and the Services. We and/or our licensors reserve all rights on the Application, the Content and the Services not expressly granted herein.
Subject to your compliance with the Terms and any additional applicable terms referred to on the Application, we grant you a non-exclusive, non-transferable, revocable and limited license, without the right to sublicense, to access the Application and the Content strictly for the personal purposes of using the Services in accordance with these Terms.
3.3 User Content.
The Application may allow you to upload, publish or transmit Content using the Application (the User Content), including through digital forms, messages, etc. Ownership in User Content you upload to the Application remains with you. You hereby authorize OneVisage to use, remove or delete such User Content in accordance with the Section 1 - General and Section 5.2 Account defined in these Terms.
If you think that the Application, the Content or the provision of any Services infringe any copyright or other intellectual property rights, you may at all times contact us at email@example.com and we will investigate your request.
5. Term & Termination of Use
5.1 In General.
We reserve the right, at any time, without having to provide any justification therefore, to modify or temporarily or permanently stop, or remove the Application, any Content (including any User Content) and/or any Service, with or without notice, without incurring any liability. We reserve the right to remove or delete any Content.
We may temporarily or permanently suspend, cancel or terminate your Account, any information relating therewith, and/or your access and/or use to all or part of the Application, with or without notice and for any reason, including, without limitation, breach of these Terms, without incurring any liability.
5.3 Updates and Modifications.
You agree that we may require you to accept and download updates for further use or access to the Application when it is necessary for proper functioning of the Application. Furthermore, in order to improve the Application, we reserve the right to introduce automatic updates and modifications into the Application (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. To enable you continuing using the Application, you hereby expressly consent to the introduction of such updates and modifications. All updates constitute an integral part of the Application and the rules of these Terms apply to such updates.
6. No Warranties & Limitation of Liability
6.1 In General.
The Application, Content and Services are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we disclaim all warranties in connection therewith, whether express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement of third-party rights. In particular, we do neither represent nor warrant that the Application, Content and Services will meet your requirements, that the operation of the Application will be uninterrupted or error-free, that the Content will be error-free, that any errors in will be corrected, that we will ensure continued compatibility of the Application with any third-party products, even if they were compatible at any given moment that the Application will always be available and remain available unchanged. The use of the Application, Content and Services is entirely at your own risk, and we expressly disclaim any warranties regarding your use thereof and/or any decisions taken based on the insights gained from your use thereof.
6.2 No Liability.
To the extent permitted by applicable law, we waive all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Application, including authorized or unauthorized third party use of Accounts, or any reliance on any of the Content, notably User Content.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, OneVisage MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. OneVisage HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6.4 Third-Party content.
The Application may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such contents. We assume no responsibility or liability in relation therewith.
6.5 User Content.
All User Content posted on, transmitted through, or linked from the Application (by you or others), is the sole responsibility of the User from whom such User Content originates. We do not undertake to control or verify the User Content, nor any use of the Application by other Users. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information and have no liability relating to it, whether arising under intellectual property, unfair competition and price indication laws, libel, privacy, obscenity, or otherwise.
Neither these Terms nor any rights under these Terms may be assigned or otherwise transferred by you, in whole or in part, without the prior written consent of OneVisage, which consent shall not be unreasonably withheld, or whether voluntary or by operation of law, including by way of sale of assets, merger or consolidation, without prior written notification to OneVisage. Notwithstanding the foregoing, this Agreement shall be binding upon and inure to the benefit of each party's successors and assigns.
If any provision of these Terms is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.
7.3 Governing Law.
These Terms shall be governed by Swiss law and excluding the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and Private International Law (PIL).
Any dispute, controversy or claim arising out of or in relating to these Terms shall solely be referred to, settled in and determined by the ordinary courts of the Canton of Vaud, Switzerland competent at the registered office of OneVisage, subject to the right of appeal to the Swiss Federal Tribunal.
7.5 Entire Agreement.
These Terms, including all addenda, exhibits and annexes which are incorporated herein by reference, constitute the entire agreement between the parties and supersede all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter hereof, and no agreement or understanding varying or extending the same shall be binding upon either party hereto unless in a written document signed by the party to be bound thereby.