DISCLAIMER - BETA TEST VERSION
[NAME] IS A BETA VERSION. ANY FEATURES OF [NAME] AND ANY DOCUMENTATION RELATING THERETO, INCLUDING THESE TERMS OF SERVICES, PRIVACY POLICY OR COMMUNITY POLICY, ARE FOR THE PURPOSE OF PROVIDING FEEDBACK TO JALIOGI GMBH.
FEEDBACK SHALL BE PROVIDED TO IDENTIFY POTENTIAL ERRORS, IMPROVEMENTS, MODIFICATIONS, BUG FIXES OR ENHANCEMENTS TO [NAME] AND/OR FEATURES THERETO, INCLUDING THE DOCUMENTATION PROVIDED IN CONNECTION THEREWITH.
THEREFORE, WE ARE UNDER NO OBLIGATION TO PROVIDE SUPPORT FOR THIS BETA VERSION OR TO PROVIDE UPDATES TO YOU. ANY ACCESS TO [NAME] IS FOR TESTING PURPOSES AND NO PERSONAL RIGHTS MAY BE IMPLIED FROM ACCESSING [NAME].
NO WARRANTY IS PROVIDED UNDER THIS BETA VERSION OF [NAME], INCLUDING THE SERVICES THERETO OR THE DOCUMENTATION IN CONNECTION THEREWITH. IT IS PROVIDED FOR FEEDBACK ONLY AND NO LIABILITY IS ACCEPTED BY JALIOGI GMBH IN CONNECTION WITH THE USE OF THIS BETA VERSION.[NAME] IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE. ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE IS DISCLAIMED.
THIS DISCLAIMER AS WELL AS ANY DISPUTES ARISING OUT OF OR RELATED TO THE DISCLAIMER SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF SWITZERLAND, WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES. ALL SUCH DISPUTES SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OF FRIBOURG, SWITZERLAND.
[name] enables you connecting withother users. [name]is providedby Jaliogi GmbH, a Swiss company (Gesellschaft mitbeschränkterHaftung) registered with IDE number 465.258.273 and having its registered offices located Zollstrasse 49, 8212 Neuhausen am Rheinfall (“Jaliogi,” “we,” or “us”).
United States Residents: PLEASE NOTE THAT SECTION XII OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. THESE PROVISIONS AFFECT HOW DISPUTES BETWEEN YOU AND [name]MAY BE RESOLVED.
These terms and conditions (“Terms”) govern the use of [name]and our related websites, content, services, applications, and products (the “Services”).
[name] may only be used, and you may only use the Services provided you agree with the Terms. Accessing [name] is only possible provided you have created your user profile. Creating your user profile forms a binding agreementbetween us. Users may only access [name], use the Services and create user profiles to the extent they are at least [18] years old.
By accessing [name]or using the Services, you accept and agree to comply with the Terms. You also consent to the terms of our [Privacy Policy].
These Terms may vary from time to time. Any material changes to the terms will be notified to any registered user prior to the enter into force of the updated Terms. The user may decide that he is not willing to accept the updated Terms. In such case, the said user may deactivate his user profile. Any continued use of [name] or the Services by any user following a notification of the updated Terms shall be deemed a formal acceptance by us.
Other non-material changes to these Terms may be made from time to time, without any specific notification. We therefore encourage you to read these Terms frequently. Your continued access to [name]use of the Service after any changes to the Terms constitutes your acceptance of the amended Terms.
Access to [name] and the Services may only be made through [operating system iOS 12 or Android 5 at least]. The creation of a user profile may only be made by providing us with Personal Data, as defined in our [Privacy Policy]. You may also upload a personal picture for your profile. Certain functionalities may also require particular data to be provided.
A profile user shall be encompassing correct information and you may not create an account using any identity other than your own. We reserve the right to block, suspend, interrupt, cancel or erase your profile so that access to [name] and the Services is not allowed anymore. In such case, you are not allowed to create a new profile to access [name] or the Services.
[name] may carry out checks to detect false ages of users. In case of doubt about your age, [name]may verify your age, including but not limited to (i) carrying out an analysis of your profile pictures to verify your age, or(ii) may ask you to send a screenshot of your ID document.
III. PAID SERVICES
Creating a user profile, accessing[name] and Services is free. Part of the Services may be accessible against purchase of additional features or content.
Any and all additional features or content specified hereinafter or available in [name]are collectively referred to as the “Paid Services”. Paid Services and their prices are specified in [name] directly or elsewhere on the Services.
Payments can be made in the following currencies:
[currencies]. We convert Swiss Francs to other currencies at a daily exchange rate based on the international exchange rates prevailing on the market.
The following payment methods are available for purchase:
[methods].
Delivery of Paid Services is carried out exclusively by electronic means via download. Invoices may be downloaded online through [name].
Paid Services may further be purchased through a platform used to [download the app (Google Play for Android or App Store for iOS)]. We recommend that you read the terms of use of these application platforms carefully to learn more about the rules applicable to payment for your order. [name]is responsible for the content of the Paid Service, but the application platform is solely responsible for the management of your order and your payment.
A refund for your purchase for Paid Services is not possible, even in case of non-use. In accordance with applicable regulations, upon a purchase of Paid Services, you are not entitled to cancel the purchase, and hereby waive your right of withdrawal regarding this purchase.
IIIBIS. DONATIONS
[name] enables to make donations. Any donations made through [name] is considered a Service. The donations may be made using the following currencies:
[currencies].We convert Swiss Francs to other currencies at a daily exchange rate based on the international exchange rates prevailing on the market.
The following payment methods are available for purchase:
[methods].
Any donation is irrevocable as soon as it has been materialized by a payment. No user has the right to claim any donations back.
[name]is the exclusive owner of all intellectual property rights relating to the name [name] and Services and, in particular, the right to host, store, use, display, copy, modify, adapt, publish, edit and distribute all or part of the constituent elements thereof, in particular, and without limit: the brands, logos, designs, animations, videos, images, text, data and databases, computer code, and content published or presented on the Services. [name]is also the sole owner of rights to the brand [name].
[name]grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive authorization to access and use [name] and the Services for private use. Any other copy, reproduction, representation, use, distribution, or reuse of these or other elements of the [name] or Services without the authorization of [name] is liable to legal proceedings, in particular for trademark infringement.
The reproduction, amendment, modification (of any kind), distribution, sale, rental, reverse engineering, or creation of derivative work of [name]] or the Services, including any other constituent element (including software or source code), is forbidden without the prior written authorization of [name]and/or of the applicable regulations.
The [name] and Services are subject to modification at any time. Some functionalities or services may be added or deleted at our sole discretion. No guarantee of any sort, either express or implied, is given for the content, the services or functionality of [name] or the Services, either for their existence or their operation.
By using our Services and accessing [name], you automatically grant us a worldwide, royalty-free, non-exclusive license to host, store, reproduce, display, publish, translate, adapt, sublicence, and/or use, of (I) any information, data, photos, videos, or other content provided by youwhile using[name] or the Services, as well as (ii) your user name, your voice, and/or your image, as it is reproduced, where applicable, in said content.
A similar consent is given for the use of any content postedor broadcasted while accessing [name] or using the Services and which has been accessed from a third-party platform. You are the sole responsible for the content posted or broadcasted and which originates from a third-party platform. You will indemnify and hold us harmless for any liability arising out of such content being posted on [name].
Any content that you have posted or broadcasted may be used for promoting [name].
Any content that infringes intellectual property rights of third parties shall be subject to freeze while the content is being reviewed by us. If you believe that any content posted on the Services infringes your copyright, please notify us using the following:
[address].
In any event, you acknowledge and agree that the present Section does not infringe your personality rights in the meaning of art. 19 par. 2 and 20 par. 1 of the Swiss Code of Obligations, as well as art. 27 par. 2 of the Swiss Civil Code.
Any user accessing [name] and using the Services shall comply with any applicable laws and regulations.
The following actions are, among others, specifically prohibited while accessing [name]or using the Services:
Anypictures of a pornographic, exhibitionist, or indecent nature are formally prohibited. Any publication of this nature constitutes an offence liable to deletion of the user account from which they originated, without prejudice to any other remedies available to us or criminal proceedings which may arise from such postings.
In addition, the following actions shall not be tolerated:
[name] may delete any illicit content which may be brought to our attention, either because it is required by law and/or because we judge to be in contravention of these Terms.
Any user profile not being compliant with the above prescriptions is subject to freeze of it is account, or deletion, at our sole discretion.
Any action, content, information or data that you have uploaded, downloaded, posted, sent, or kept within the scope of the use of the Services is under your responsibility and you may be held liable for it.
Damages, losses or expenses incurred by us for any publications you have madeis subject to compensation.
We reserve the right to keep a copy, for a reasonable amount of time, a copy of any content published, or shared by, the user, even when the user has deleted its account or evenwhen the content has been deleted from the Services, in compliance with applicable.
Any deletion of content by us shall not be deemed an illicit infringement of your moral rights (copyrights) or personality rights (art. 28 Swiss Civil Code).
VII. TELECOMMUNICATION SECRET
[Any messages exchanged through the platform are protected by the telecommunication secret as per art. 43 of the Swiss telecommunications Act (TCA) of 30 April 1997.]
VIII. MONITORING AND NOTIFICATIONS
We are not compelled to generally monitor the content being posted on [name]. However, we are performing monitoring of the content on a regular basis to ensure that the content published on [name] is not of an illicit nature and complies with our [CommunityPolicy].
Any notification is welcomed if you considercontent to be illicit. Such notification should be addressed by registered letter with proof of delivery to:
[address]
Only complete notifications will be considered valid. You remain allowedto inform any competent authorities of any content you consider illicit.
We make efforts in obliging ourselves tocomply with applicable laws in relation to preventing:
You access [name] and use the Services at your own risk. You understand and agree that we provide the Services to you on an “AS IS” and “AS AVAILABLE” basis. [name]DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Furthermore, we make no warranty or representation and disclaim all responsibility and liability, for: (a) errors, interruptions to service, slow running, imperfections, or attacks on the rights of third-parties within the scope of the operation of the Services, in particular as a result of events on the internet; or (b) and disturbance, malfunction, or reduced access to the Services resulting from failure attributable to the internet network or to an internet service provider, to the operating system, browser and/or device of the user; (c) any harm to your device that results from your access to or use of the Services; or (d) the deletion of or failure to store any content you post to the Services.
Access to[name] and use of the Services may be temporarily interrupted due to maintenance or technical updates.
We accept no responsibility for the indirect, specific, collateral or punitive consequences, loss of income, data or any other loss resulting from the access and use of [name], its content and/or the illicit use by a third-party of the data or other rights of a user, whether arising in tort, contract, or otherwise.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL [name]BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) YOUR USE OR INABILITY TO USE THE SERVICES; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE SERVICES; IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. WHEN ALLOWED BY THE LAW, IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF [name]UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Any violation of these Terms or any use which may present a risk (legal, technical or other) may result in the deletion of the profile of the user involved in such a risk. In the case of any dispute, [name]is free to decide to block or deactivate the profile of a user and thereby their access to [name] or use of the Services, and this at the sole discretion of, and without prior notice by [name]. We may delete your profile if you have been inactive for more than twelve (12) months.
You are free to terminate your relationship with us. You simply need to delete your user profile.
If any portion of these Terms of Use is declared null, invalid, unenforceable, or non-applicable, such declaration shall have no effect on the validity and applicability of the other Terms and shall not exempt you from your duty to comply therewith. Such portion shall be limited or eliminated to the minimum extent necessary, and the remaining portion of these Terms shall remain in full force and effect.
The failure to demand the execution of a condition in these Terms, or to do so belatedly shall not be interpreted as a waiver on the part of [name]to demand the respect of that condition by the user or a third-party.
These Terms constitute the whole legal agreement between you and [name]and govern your use of the Services and completely replace any prior agreements between you and us in relation to the Services.
XII. CLASS ACTION NO WAIVER FOR U.S. RESIDENTS
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). You understand that by this agreement you are waiving your right to bring a claim in court or in front of a jury.
The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator shall apply the law of the jurisdiction in which you reside.
Arbitration Agreement. Mandatory, Bilateral Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by binding arbitration, except that you or [name]may assert a claim in small claims court if such claim qualifies.
To begin an arbitration proceeding, send a letter to [name] or contact us using the following:
[address].
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The number of arbitrators shall be determined in accordance with those Rules. You or [name]may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location.
In considering the facts and issues, in conducting the hearings, and in rendering a decision or award, the arbitrator is required to strictly apply the law of the jurisdiction of your residence, and failure to follow the foregoing provision is grounds for vacating the decision or award.
This Section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.
Each party shall equally divide the fees and costs of the arbitrator(s). Each party shall pay for its own costs and attorney’s fees, if any. However, the parties are entitled to seek recovery of costs and attorney’s fees to the same extent they would be entitled in court under controlling law.
Any party that seeks to confirm, vacate or have the judgment entered on any arbitration award shall do so exclusively in a court in the county in which you reside. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting such location, for the purposes set forth above and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, or that such suit, action or proceeding is improper.
Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT YOU AND [name]ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE MEDIATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE MEDIATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
This Section XII shall survive termination, expiration, or rescission of these Terms.
XIII. SUBCONTRACTORS
We are using, for the purpose of providing the Services, certain sub-contractors. These sub-contractors may be companies based outside Switzerland. Further information may be found in our [Privacy Policy].
XIV. APPLICABLE LAW AND JURISDICTION
These Terms are subject to Swiss law and interpreted in French.[Except as provided for U.S. residents in Section XII, and], any dispute arising out of, or subject to, the present Terms, including their interpretation, shall be subject to competent jurisdiction of the State of Fribourg, Switzerland.
Last updated 08.04.2022