1. What we doThe creator and owner of umoov (website, database, middleware, IT infrastructure and all the other resources needed to run this service) is umoov SA, based at chemin Frank-Thomas 34, 1208 Geneva, Switzerland. umoov is dedicated to host data and information related to events and activities and to the sites where events/activities take place. We act only as a hosting service, maintaining the infrastructure and organizational framework that allows our users to search, browse, publish and edit events and activities. The utilization of umoov website is public, free and open to anybody. The content related to events/activities and their site is public and therefore visible to all users of umoov. Anybody can create and publish events/activities and sites of events/activities, even if he is not the initiator, owner or responsible of the event/activity or of the site. We do not take an editorial role: data and information of events/activities and their sites are supplied and edited by the users. We do not take any responsibility for the content in umoov. We do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted content submitted by users. We simply provide access to the content that users have published and edited. You are responsible for your own actions: You are legally responsible for the data and information you enter in umoov. You should exercise caution and avoid publishing any content that may result in criminal or civil liability under any applicable laws. Applicable law includes at least the laws of the Switzerland. Authorities may seek to apply other country laws to you, including local laws where you live or where you view or edit content. 2. Privacy policyBy accepting these terms (it means that you have read and accepted the terms of our Privacy policy), you are aware of how we collect and use your information. Umoov's services are used by people all over the world, personal information that umoov collect may be stored and processed in Switzerland or any other country in which we maintain facilities. By using umoov's services, you consent to any such transfer of information outside your country. 3. Content we host3.1 Possible erroneous content: Because we provide content that is published and edited by any user, you may encounter content that you could find erroneous, misleading, mislabeled, or otherwise objectionable. 3.2 Our content is for general informational purposes only. 4. Refraining from certain activitiesCertain activities, whether legal or illegal, may be harmful to other users and violate umoov rules, and some activities may also subject you to liability. Therefore you may not engage in such activities on umoov website. These activities include:
We reserve the right to exercise our enforcement discretion with respect to the above terms. 5. Password securityYou are responsible for safeguarding your own password and should never disclose it to any third party. 6. TrademarksAll umoov trademarks belong to umoov SA, and any use of our trade names, trademarks, service marks, logos, or domain names must be in compliance with these Terms of use can be done only with explicit authorization of umoov SA. 7. Third-party websites and resourcesYou are solely responsible for your use of any third-party websites or resources. Although umoov can contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content. 8. Management of umoov websiteWe reserve the right, but do not have the obligation to:
The blocking of an account or access or the banning of a user under this provision shall be in accordance with Section 9 of these Terms of use. 9. TerminationYou can stop using our services any time. In certain circumstances it may be necessary for umoov to terminate part or all of our services, terminate these Terms of use, block your account or access, or ban you as a user. If your account or access is blocked or otherwise terminated for any reason, your content will remain publicly available and, unless we notify you otherwise, you may still access our public pages for the sole purpose of browsing content. In such circumstances, however, you may not be able to access your account or settings. We reserve the right to suspend or end the services at any time, with or without cause, and with or without notice. Even after your use is banned, blocked or otherwise suspended, these Terms of use will remain in effect with respect to relevant provisions. 10 Arbitration, mediationYou agree that Any dispute controversy or claim arising out of or in relation to these Terms of use shall be submitted to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers of Commerce (the "Mediation Rules") in force on the date when the request for mediation is submitted in accordance with the Mediation Rules. The seat of the mediation shall be Geneva, Switzerland. The mediation proceedings shall be conducted in French before one mediator appointed in accordance with the Mediation Rules and knowledgeable about umoov activities. If such dispute, controversy, or claim has not been fully resolved by mediation within sixty (60) days from the date when the mediator has been confirmed or appointed by the Chambers it shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce (the "Arbitration Rules"). The arbitration will be conducted by one arbitrator who is knowledgeable about umoov activities. The sole arbitrator will be selected in accordance with the Rules. The arbitration proceedings shall be conducted in French. The decision of the arbitrators will be final and binding on the parties and may be sued on or enforced by the party in whose favor it runs in any court of competent jurisdiction at the option of such party. Any Dispute referred to mediation or arbitration shall be decided in accordance with the law of Switzerland, without reference to the principles of conflicts of laws. Judgment upon any award rendered by the arbitrator may be entered in any court of competent jurisdiction, and the arbitrator shall have authority to award reasonable costs, legal fees, and disbursements to the prevailing party. The seat of the arbitration shall be Geneva, Switzerland. 11 Governing lawThese Terms of use shall be governed by the laws of Switzerland. 12. DisclaimersYour use of our services is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of use. Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. 13. Limitation on liabilityumoov SA will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one thousand Swiss Francs (CHF 1000.00) in aggregate. 14. Other termsThese Terms of use do not create an employment, agency, partnership, or joint venture relationship between you and umoov SA. If you have not signed a separate agreement with us, these Terms of use are the entire agreement between you and us. If there is any conflict between these Terms of use and a signed written agreement between you and us, the signed agreement will control. You agree that we may provide you with notices, including those regarding changes to the Terms of use, by email, regular mail, or postings on umoov website. You agree that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to umoov. These Terms of use were written in English. In the event of any differences in meaning between the original English version and a translation, the original English version takes precedence. If any provision or part of a provision of these Terms of use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of use will remain in full force and effect.
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