A. Storage of Data, Non-Liability
This service is an online photo management system with
webalbum presentation in the Internet.
In principle, the Service and the data stored in its systems
(pictures) are available to the user around the clock. The
use of the Service and its systems (including the photo
browser software made available to the user) is at users
own risk. The Company does not warrant the availability,
the correct functioning, and the fitness for a particular
purpose of the Service and its systems, nor does the
Company take responsibility for the protection of data
from loss and unauthorized access. The user should
maintain backup copies and must not use the Service to
store confidential data. The Company may employ subcontractors
in the performance of its duties.
The liability of the Company is limited to the extent that
the applicable law allows. The same applies to the
liability for employees and/or its helpers in the
employment of the Company, the liability for indirect
damages, and the liability for consequential damages,
including damages for lost profits and costs for the
replacement of lost data.
The user authorizes the Company to have the Service
operated by a third party and to process user's data or to
have user's data processed in countries where a level of
data protection is not necessarily comparable to
Switzerland's.
B. Interruption, Discontinuation, Notices, Changes
The Company reserves the right to temporarily or
permanently interrupt, discontinue, or change the Service
or its use to certain users at any time, without advance
notice, and with immediate effect, and/or to delete user
accounts, without being liable for any claims whatsoever,
e.g. claims for possession or damage claims. In case of a
permanent Service discontinuation, the Company will try to
make data stored by users accessible in an appropriate
way.
The Company can validly notify users by e-mail or by
publication on the Service website. A notification becomes
effective the moment in which it is either sent or
published. The Company can change these terms and
conditions at any time by giving notice; such changes are
deemed to be accepted if a user does not notify the Company
within 30 days or if a user continues to use the system. The log
files and other recordings of the systems of the Company
are binding proof of use as long as they are not proved to be
incorrect.
The user may terminate the service by non-renewal at its expiration. In event that the service is not renewed, earliest at the service expiration date, service access will be disabled and all content from the account will be deleted.
C. Appropriate Use, Misuse, Responsibilities
The Service may be used only in the intended way and only
by users who have a valid user account, who registered themselves
by providing correct and full information, and who were
authenticated by the system.
The personal access code is to be kept confidential; if it
is lost, a replacement access code can be sent to the user
at his originally registered e-mail address. Additionally,
the user can specify access codes that allow third parties
to access the Service contents. These terms and conditions
apply to such third parties. The use,
safekeeping, and administration of access codes are the
sole responsibility of the user.
Use of the Service and its systems is prohibited if it is
in connection with contents or for purposes that violate
applicable laws, netiquette, or guidelines of the Company,
that are in particular racist, insulting, discriminating,
that violate personal rights, that are pornographic,
violent, or unfair, and if it is in connection with
contents that infringe on proprietary rights of third
parties (e.g. copyrights or trademarks) or conflict with
regulations on supervision (e.g. advertising prohibitions).
The Service and its systems may not be used for spamming,
hacking, or in any way that may disturb third parties or
the Company, or in any way that violates applicable law,
netiquette, or guidelines of the Company.
If the Company is of the opinion that these terms and
conditions are violated or that a violation is imminent,
the Company may delete or quarantine related contents,
completely or partially block the use of the system,
invoke any other measure that it deems suitable, and, if it
appears to be appropriate to the company, deliver contents,
recordings, and data of the users involved to authorities
or third parties. The Company is expressly relieved in
these cases of any secrecy obligations.
The user will fully indemnify the Company in these cases,
even if he is not at fault. The user is responsible for
actions of persons who use the user's access codes or to
whom the user gives such access codes to the same extent
that the user is responsible for his own actions, and the
user recognizes such actions of other persons as his own
actions. This applies to each and every use of the Service
or its systems.
D. Subscription Period, Costs
The user must choose a subscription type to use of the service. It is extended at expiration of the previously selected subscription duration, if the user renews the subscription on the system. At the beginning of a new subscription period, the duration and/or the subscription itself can be changed.
The subscription payment is due at the beginning of the subscription period. The payment amount is set by the Company in its pricelist. Prices include VAT charges. Changes in the pricelist will be published on the Company's website or in other suitable ways communicated. The fees are to be paid through the payment options enabled (credit card) via the system of the Company.
No subscription refunds are provided for early termination
of the user's subscripion, cancellation of the agreement,
deletion of the user account or non-use. If payment is not
received during the required period, the Company may delete
the subscription without further notice. The Company reserves
the right to pursue other means to financial payment for the services
rendered.
Payment for additional services, which the company bills directly, are paid with service points, which the user can acquire from the company, in accordance with the respective offer. End users receive no interest for any service points and they are purged on cancellation of the user account and/or completion of the subscription term.
No refunds are available for any unused service points. The prices for the additional services can be changed at any time by the company and are published on the Website. Points of service, already acquired, are not affected by any subsequent prices changes.
E. Third Party Services
The Company may provide for the possibility for users to
send their data to third party providers (e.g. MMS
dispatch, print services). In such cases, the Company only
provides the technical transfer of data and does not
become a contractual partner for the use or provision of
these services. The Company does not warrant an accurate
transmission of the data and it does not guarantee that
the third party services and their terms and conditions
are disclosed correctly and completely.
The Company is not responsible for the services rendered
by third party providers or the anticipated results or
benefits of such services. The user bears all costs as well
as other obligations and consequences arising from or in
connection with the use of such services and/or the
forwarding of data to such services; the user will
indemnify the Company to full extent for costs arising
from or in connection with such services. The Company may
communicate relevant user information such as name,
address, payment information etc. to the operators of such
services. Any further inquiries of the user concerning
such services are to be addressed exclusively to the
respective providers.
F. Right of Use, Photo Browser Software
The user irrevocably confers to the Company all rights
with respect to the data that the user transfers to the
Company or its systems which are necessary for the Company
to be able to offer the Service and which are necessary
for implementation of these terms and conditions. The user
ensures to the Company that he has full title to the
necessary rights and that no third party rights will be
violated.
The Company does not transfer to the user any copyrights.
The Company only grants the revocable, non-exclusive,
temporary right to use the photo browser software for the
purpose of using the Service in the intended way. This
license can be terminated by the Company at any time and
it automatically expires with the deletion of the user
account. In the situation where the licence is
terminated, the software and copies thereof must be
deleted. The user does not have any further rights; in
particular, users may not distribute or share the software or use it for own or third party purposes (e.g. as basis of an own
service).
The photo browser software is provided by the Company «as
is» and it is made available for use at user's own risk.
The Company excludes all warranty of title and any
responsibility that the Service is of proper quality and
fit for the intended use.
G. Applicable Law, Jurisdiction
This English version of the terms and conditions is a
translation of the German version. In the event of a
conflict between provisions of this English version and
the German version, the provisions of the German version
shall control.
These terms and conditions are governed by the substantive
law of Switzerland; application of the United Nations
Convention on Contracts for the International Sale of
Goods is excluded. The state courts at the domicile of
futureLAB AG in Winterthur shall have sole and exclusive
jurisdiction for all disputes arising in connection with
the use of the Service or these terms and conditions.
futureLAB AG, 20.10.2003
