1. What we do

The 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 policy

By 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 host

3.1 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 activities

Certain 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:

• Harassing and abusing others
  • Engaging in harassment, threats, stalking, spamming, or vandalism
  • Transmitting chain mail, junk mail, or spam to other users
• Violating the privacy of others
  • Infringing the privacy rights of others under the laws of Switzerland or other applicable laws (which may include the laws where you live or where you view or edit content)
  • Soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by umoov
  • Soliciting personally identifiable information from anyone under the age of 18 for an illegal purpose or violating any applicable law regarding the health or well-being of minors
• Engaging in false statements, impersonation, or fraud
  • Intentionally or knowingly posting content that constitutes libel or defamation
  • With the intent to deceive, posting content that is false or inaccurate
  • Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive
  • Engaging in fraud
• Committing infringement
  • Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law
• Misusing Our Services for Other Illegal Purposes
  • Posting child pornography or any other content that violates applicable law concerning child pornography
  • Posting or trafficking in obscene material that is unlawful under applicable law
  • Using the services in a manner that is inconsistent with applicable law
• Engaging in disruptive and illegal misuse of facilities
  • Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of our users
  • Engaging in automated uses of the site that are abusive or disruptive of the services and have not been approved by umoov
  • Disrupting the services by placing an undue burden on umoov website
  • Disrupting the services by inundating umoov website with communications or other traffic that suggests no serious intent to use umoov website for its stated purpose
  • Knowingly accessing, tampering with, or using any of our non-public areas in our computer systems without authorization
  • Probing, scanning, or testing the vulnerability of any of our technical systems or networks

We reserve the right to exercise our enforcement discretion with respect to the above terms.

5. Password security

You are responsible for safeguarding your own password and should never disclose it to any third party.

6. Trademarks

All umoov trademarks belong to the 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 resources

You 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 website

We reserve the right, but do not have the obligation to:

• Validate the content entered in umoov and therefore to possibly reject some content we judge to be offensive or without meaning. However we do not check if the content is correct or violates any kind of law. We cannot guarantee that our validation is 100% efficient. The validation is done between the time the content is entered/modified by a user in umoov and the time it is published to all users. The rejection is done without asking any confirmation to the editor of the content. However the editor is always informed about the result of the validation (if accepted or rejected)
• Investigate your use of the service (a) to determine whether a violation of these Terms of use or other applicable law or policy has occurred, or (b) to comply with any applicable law, legal process, or appropriate governmental request
• Detect, prevent, or otherwise address fraud, security, or technical issues or respond to user support requests
• Refuse, disable, or restrict access to the contribution of any user who violates these Terms of use
• Ban a user from publishing/editing content or block a user's account or access for actions violating these Terms of use, including repeat copyright infringement
• Take legal action against users who violate these Terms of use (including reports to law enforcement authorities)
• Manage otherwise umoov website in a manner designed to facilitate their proper functioning and protect the rights, property, and safety of ourselves and our users, licensors, partners, and the public

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. Termination

You 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, mediation

You 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 law

These Terms of use shall be governed by the laws of Switzerland.

12. Disclaimers

Your 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 liability

umoov 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 terms

These 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.