Terms of Service

The part 'Terms of Service' of this website is only provided in English to reduce the possibility of translation errors.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE (TOS)

clavid.com ('Clavid'), owned and operated by Clavid AG, is provided to you ('Member') under the terms and conditions of this Clavid Terms of Service (CTS) and supersedes all prior agreements between the parties regarding the subject matter contained herein. By completing the registration process, you are indicating your agreement to be bound by all of the therms and conditions of the CTS.

2. DESCRIPTION OF SERVICE

Clavid provides Member with various publishing and web services, including but not limited to the capability to post information to a web page. Some of these services will be free of charge, others may cost money or have other requirements. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this TOS. The requirements or fees for any service or option will be clearly explained and separately agreed to when Member implements those options, if any. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.

3. MODIFICATIONS TO TERMS OF SERVICE

Clavid AG may change the terms and conditions of the CTS from time to time. Upon major changes in the terms and conditions of the CTS, Clavid AG will notify you. Minor changes in the terms and conditions of the CTS will be posted to Clavid News at http://www.clavid.com/tos.html. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the CTS and CTS modifications; and (2) agreement by Member to abide and be bound by the CTS and CTS modifications.

4. MODIFICATIONS TO SERVICE

Clavid AG reserves the right to modify or discontinue the Service with or without notice to Member. Clavid AG shall not be liable to Member or any third party should Clavid AG exercise CTS right to modify or discontinue the Service.

5. PRIVACY POLICY

All information entered into Clavid by Member is private to Member except to the extent that he or she opts to share that information with other Clavid Members and/or the public, through Clavid or otherwise. It is Clavid AG's policy to respect the privacy of Members. Therefore, Clavid AG will not disclose to any third party Member's name or contact information. Clavid AG will also not monitor, edit, or disclose the contents of a Member's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Clavid AG; (2) protect and defend the rights or property of Clavid AG; or (3) act under exigent circumstances to protect the personal safety of CTS members or the public; (4) fix or debug problems with the Clavid software/service.

6A. CONTENT OWNERSHIP

Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through Clavid or otherwise enters into Clavid-related services.

6B. CONTENT RESPONSIBILITY

Member acknowledges and agrees that Clavid AG neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

7. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Clavid AG, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Clavid AG does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Clavid AG official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.

8. CONTENT SUBMITTED TO Clavid AG

Clavid AG does not claim ownership of the Content you place on your Clavid site. Clavid AG may quote or reproduce small portions of your content (if you have made it public) in order to promote your Clavid site and/or the Clavid service, but only on a fair-use-type basis. You acknowledge that Clavid AG does not pre-screen Content, but that Clavid AG and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Clavid AG and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

9. INDEMNITY

You agree to indemnify and hold Clavid AG, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

11. MEMBER ACCOUNT, PASSWORD, AND SECURITY

Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, go to the Settings menu option); you may also set up a new account and close an old one at your convenience. Member agrees to immediately notify Clavid AG of any unauthorized use of Member's account or any other breach of security known to Member.

12. TERMINATION

You agree that Clavid AG, in its sole discretion, may terminate your password, Clavid site, use of the Service or use of any other Clavid AG service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Clavid AG believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Clavid AG may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Clavid AG may immediately deactivate or delete your Clavid site and all related information and files in your Clavid site and/or bar any further access to such files or the Service. Further, you agree that Clavid AG shall not be liable to you or any third-party for any termination of your access to the Service.

13. ADVERTISEMENTS AND PROMOTIONS

Clavid AG runs advertisements and promotions on Clavid sites. By creating your Clavid site, you agree that Clavid AG has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on your Clavid site via JavaScript or any other means. Doing so is grounds for immediate termination of service. The manner, mode and extent of advertising by Clavid AG on your Clavid site is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Clavid AG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

14. Clavid AG PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

15. DISCLAIMER OF WARRANTIES

Member expressly agrees that use of the service is at Member's sole risk. The service is provided on an "as is" and "as available" basis. 

Clavid AG expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose an non-infringement. 

Clavid AG makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free, nor does make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.

Members understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at member's own discretion ans risk and that member will be solely responsible for any damage to member's computer system or loss of data that results form the download of such material and/or data. Clavid AG makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service.

No advice or information, whether oral or written, obtained by Member from or through the service shall create any warranty not expressly made herein. 

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. 

16. LIMITATION OF LIABILITY

Clavid AG shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service or for cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of Member's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

17. STORAGE AND OTHER LIMITATIONS

Clavid AG assumes no responsibility for the deletion or failure to store information entered into Clavid. Clavid AG retains the right, at Clavid AG's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the CTS and may terminate Service if a Member's conduct is found to be inconsistent with the CTS.

18. NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. Clavid AG may broadcast notices or messages through the Service to inform Member of changes to the CTS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.

19. LAWS

The CTS shall be governed by and construed in accordance with the laws of Switzerland, excluding CTS conflict of law provisions. Member and Clavid AG agree to submit to the exclusive jurisdiction of the courts of the Kanton Zug, Switzerland. If any provision(s) of the CTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Clavid AG's failure to exercise or enforce any right or provision of the CTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Clavid AG in writing. Member and Clavid AG agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the MTS are solely used for the convenience of the parties and have no legal or contractual significance.

20. GENERAL INFORMATION

The CTS constitute the entire agreement between you and Clavid AG and govern your use of the Service, superceding any prior agreements between you and Clavid AG or Clavid (including, but not limited to, any prior versions of the CTS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Clavid AG services, third-party content or third-party software.

The CTS and the relationship between you and Clavid AG shall be governed by the laws of Switzerland without regard to its conflict of law provisions. You and Clavid AG agree to submit to the personal and exclusive jurisdiction of the courts located within the Kanton Zug, Switzerland.

The failure of Clavid AG to exercise or enforce any right or provision of the CTS shall not constitute a waiver of such right or provision. If any provision of the CTS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the CTS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the CTS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the MTS are for convenience only and have no legal or contractual effect.

21. VIOLATIONS

Please report any violations of the CTS via the Clavid support home page.

These Clavid Terms of Service were last updated on January 17, 2008

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