Effective date: January 17th, 2019
These terms and conditions (hereinafter collectively referred to as the “ToS”) apply to the use of the website www.iccube.com (hereinafter referred to as the “Site”), whether as a guest or a registered user (hereinafter referred to as “You” or “Your”). The Site is operated by icCUBE SOFTWARE SARL, with registered office at Route de la Pierre 22, 1024 Ecublens, Switzerland, Business Registration no. CHE-456.560.508 (hereinafter referred to as “Us”, “We”, or “Our”)
IMPORTANT NOTICE: Your continued use of the Site constitutes Your expressed acceptance of and agreement to be bound by these ToS, as in force from time to time. Therefore, You understand and acknowledge that by accessing or using the Site You agree to be bound by these ToS. If You do not accept such ToS in their entirety, You must not access or use the Site.
SECT. 1 – Access to the Site
Access to the Site is permitted on a temporary basis, and We will not be liable if for any reason the Site is unavailable at any time or for any period.
SECT. 2 – External links
Where our Site contains links to other websites and resources provided by third parties, these links are provided for Your information only. If You use these links, You will leave the Site. We have not reviewed these third party websites and We have no control over the contents thereof, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products 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 Our Site, You do this entirely at Your own risk.
SECT. 3 – Your responsibilities
You may use the Site only for lawful purposes. In particular, You may not use our Site: (i) in any way that breaches any applicable law or regulations; (ii) in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect; (iii) for the purpose of harming or attempting to harm any individual in any way; (iv) to create liability for us in any way; (v) in any way that causes us to lose (in whole or in part) the services of our ISPs or other suppliers; and (vi) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. We may report any breach under this Section to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing Your identity to them, if technically feasible.
SECT. 4 – Intellectual Property Rights
We hold and retain all an any title and interest in and to the Site and its content, as well as in any intellectual property right associated therewith. We grant You a limited, personal, non-transferable, non-sublicensable, revocable license to access and use the Site only in the manner presented and expressly permitted by Us. Except for this limited license, nothing in these ToS will be interpreted as a transfer, in whole or in part, of any right in the Site to You or any other third party. In particular, without limiting the foregoing, none of the content and/or information in the Site may be reverse-engineered, modified, reproduced, re-published, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without Our prior written consent.
SECT. 5 – Privacy and data protection
SECT. 6 – DISCLAIMER OF WARRANTY
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW AND WITHOUT LIMITATION OF THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SECT. 7 – DISCLAIMER OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND EXCEPTION MADE FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY THE APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA OR PROFITS, BUSINESS INTERRUPTION, ETC.) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SITE OR ITS CONTENT, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SECT. 8 – Governing law and disputes
These ToS are governed by the substantive and procedural Laws of Switzerland, without regard to conflict of laws provisions. Any dispute arising out of, or relating to, these ToS shall be settled by the Court of Court of Lausanne (Vaud, Switzerland).
SECT. 9 – Severability
Should any part of these ToS be declared illegal or unenforceable, the remaining portion will remain in full force and effects.
SECT. 10 – Amendments
We may, in our sole discretion, amend these ToS at any time by posting a revised version thereof on the Site at www.icCube.com/website_tos. Your use of the Site following changes to the ToS after the effective date of a revised version thereof constitutes Your expressed acceptance of and agreement to be bound by the ToS as in force from time to time.