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.
