Attention: please read these terms of use (“terms”) carefully before using cytalk.com websites (“the Websites”). Using these Websites indicates that you have read and accept these terms. If you do not accept these terms, you are not authorized to use these Websites. These terms govern your use of the Websites, any content (such as text, data, information, graphics or photographs) that CY.TALK SWITZERLAND S.A. (“we”, “us”, “our”) may make available through the Websites (collectively, “Materials”) and any services that we may provide through the Websites (collectively, “Services”).
Use of the Websites
Except as set forth below, we authorize you to use the Websites only for your own personal, non-commercial purposes. Use of the Websites for any public or commercial purpose (including, without limitation, on another website or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and us, we own the Websites. The Websites are protected under Swiss and international copyright laws. Any unauthorized use of the Websites may violate copyright, trademark, and other laws.
Access to the Websites
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Websites and for paying all charges related thereto. When you register to open an account anywhere on the Websites, or when you contact us through the Websites for the purpose of receiving products or services, we may collect certain personal information about you. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Websites accounts, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Websites passwords and you are solely responsible for all activities that occur under your passwords. You agree to notify us immediately of any unauthorized use of your passwords or any other breach of security related to the Websites. We reserve the right to require you to change your password if we believe that your password no longer is secure. Access to the Websites granted under other separately executed agreements by us and you shall supersede the terms contained in this Section.
Prohibited uses
You agree not to use the Websites (including, without limitation, any Materials or Services you may obtain through your use of the Websites): in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); to stalk, harass, or harm another individual; to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or to interfere with or disrupt the Websites or servers or networks connected to the Websites. You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with the Websites; or attempt to gain unauthorized access to any portion of the Websites or any other accounts, computer systems, or networks connected to the Websites, whether through hacking, password mining, or any other means.
The Websites Termination
Except as set elsewhere; we may terminate, suspend, or modify your registration with, or access to, all or part of the Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Websites at any time. If you breach any of these terms, your authorization to use the Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
Disclaimers
The Websites are provided “as are” and “with all faults” and the entire risk as to the quality and performance of the Websites is with you. Should the Materials or Services prove defective, you, and not we, assume the entire cost of all necessary servicing and repair. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, with respect to the Websites (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, we make no warranty that the Websites will meet your requirements or that the Websites will be uninterrupted, timely, secure, or error free or that defects in the Websites will be corrected. We make no warranty as to the results that may be obtained from the use of the Websites or as to the accuracy or reliability of any information obtained through the Websites. No advice or information, whether oral or written, obtained by you through the Websites or from us, our parents, subsidiaries, or other affiliated companies, or our or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “Parties”) shall create any warranty. We disclaim all equitable indemnities.
Limitation of Liability
In no event will any of the Parties be liable for any indirect, special, consequential, punitive, or exemplary damages or any damages whatsoever in excess of one EURO (EUR1.00) (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with the Websites (including, without limitation, use, inability to use, or the results of use of the Websites), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any Party has been advised (or should have known) of the possibility of such damages.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Party’s liability shall be the minimum permitted under such applicable law.
Modifications and Changes to the Websites
We reserve the right to modify, suspend, or discontinue the Websites at any time without notice to you. For example, we may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and we make no commitment to update the Materials and Services whatsoever. Information published on the Websites may refer to products, programs, or services that are not available in your country. Consult your local cytalk.com business contact for information regarding the products, programs, and services that may be available to you.
User Submissions
Certain areas of the Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed; use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. We may, but is not obligated to, pre-screen User Submissions or monitor any area of the Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. We are not required to host, display, or distribute any User Submissions on or through the Websites and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. We do not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that we will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. We do not guarantee that you will have any recourse through us or any third party to edit or delete any User Submission you have submitted. By submitting any User Submission, you represent and warrant that: you are at least thirteen (13) years old you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant us the rights in your User Submissions described herein; you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions; you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of thirteen (13)) who appears and/or is heard in your User Submissions to grant us the rights described herein; your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; you voluntarily agree to waive all “moral rights” that you may have in your User Submission; any information contained in your User Submission is not known by you to be false, inaccurate, or misleading; your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy; you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission; your User Submission does not incorporate materials from a third party website, or addresses, email addresses, contact information, or phone numbers (other than your own); your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; your User Submission does not contain any information that you consider confidential, proprietary, or personal; and your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to Third Party Websites
Links on the Websites to third party websites are provided solely as a convenience to you. If you use these links, you will leave the Websites. We are not obligated to review such third party websites, we do not control such third party websites, and are not responsible for any such third party websites (or the products, services, or content available through the same). Thus, we do not endorse or make any representations about such third party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to from our network, you do this entirely at your own risk.
Linking to the Websites
You may create links to the Websites from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent our written authorization otherwise, a website that links to the Websites: may link to, but shall not replicate, any Materials (including any our logo); shall not create a browser or border environment around any Materials; shall not imply that we endorse such website or any products, services, or content available through such website; shall not misrepresent its relationship with us; shall not present false or misleading information about us, its products, or its services; shall not contain content that could be construed as distasteful, offensive, or controversial; and shall contain only content that is appropriate for all age groups.
Indemnification
You agree to indemnify, defend, and hold harmless our Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Electronic Communications
When you visit the Websites or send emails to us, you are communicating with us electronically. We may respond to you by email or by posting notices on the Websites. You agree that all such notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
General
These terms, together with any additional terms to which you agree when using particular elements of the Websites, constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and us with respect to such subject matter. The Parties are third party beneficiaries with respect to the provisions in these terms that reference them. These terms and the relationship between you and us shall be governed by the laws of Switzerland as applied to agreements made, entered into, and performed entirely in Switzerland by Swiss residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these terms or your use of the Websites shall be brought in the State courts located in Geneva, Switzerland, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to our intentions and you as reflected in the provision, and that the other provisions of these terms remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. These terms shall remain in full force and effect notwithstanding any termination of your use of the Websites. These terms will be interpreted without application of any strict construction in favor of or against you or us. These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive.
Privacy
Refer to our
Privacy Statement.
Modifications to these Terms
We may, in its sole and absolute discretion, change these terms from time to time. We will post notice of such changes on the applicable Websites. If you object to any such changes, your sole recourse shall be to cease using the Websites. Continued use of the Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these terms and to supersede the provision(s) of these terms that are designated as being superseded.
