These Terms of Service (“Terms”) are part of the agreement between Das Ereignis GmbH, registered in the Swiss commercial of the canton Zürich, identification number CHE-114.114.449, Riedtlistrasse 27, 8006 Zürich (hereafter “The Provider”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services (“The Services”) made available by The Provider, mainly on the website onescreener.com. By using the Services, you agree to be bound by this Agreement. In case you intend to use the Services but you have questions regarding these Terms of Service please do not use the Services but contact The Provider instead (firstname.lastname@example.org).
The purpose of The Services is to provide web publishing and web hosting while demanding almost no efforts from the User (“you”) to achieve this aim. The Service is improving and you understand and agree that The Services may still contain minor software bugs. The recent Terms are available on The Providers’s website, namely at www.onescreener.com.
The Terms published on the websites of The Provider, or the conditions of the customized agreement as the case may be, shall apply to all of The Services. The Provider may at any time change the range of The Services and limit individual services and/or cease providing them.
This right is especially executed in any case of misconduct, as regulated in these Terms or in the applicable Swiss Law. We use services of third-parties to provide online storage of the given material (“third-party hosting”) as well as to register the domains (“URL”) requested by the User. All the third-party Terms of Services are binding to the User, as if they would use their services directly, as far as compatible with the applicable Swiss Law.
As a condition to using The Services, you are obliged to provide accurate and recent registration information, including your E-Mail address, and select a strong and save password. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue, especially with your password, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. The Provider is not responsible for any lapse in The Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain.
We are fully aware of our obligations according to the Swiss Federal Act on Data Protection (FADP) from June 19, 1992, namely we will collect and store your personal data (especially your name, E-Mail address, payment information, IP-addresses of registration/login etc.) only for the purpose of providing this service and never disclose any data to third-parties, unless we are obliged to do so by Swiss law (f.e. criminal investigation). Your personal data is protected against unauthorized processing through adequate technical and organizational measures, acc. to Art. 7 FADP.
Any person may request at any time information from the Provider whether data concerning them is collected.
You confirm to The Provider that you are at least 13 years old. You confirm that you are legally permitted to use The Services and access the Sites.
You understand that The Provider may have to apply a traffic usage limit as set to him by Third-Party Hosting, however, the general traffic limit shall be 100 GB per month. All the domains registered to your account by The Provider or by a Third-Party will be under your full control. As long as the necessary payments are made on time, the domain will automatically prolong for another year. For the details, the Terms of our Third-Party Providers apply to you as far as the scope of the relevant Swiss law allows it.
The Provider does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a Third Party Provider. The Provider cannot and does not warrant the accuracy or completeness of any information regarding Third-Party Providers. The Provider is not an agent, representative, trustee or fiduciary of you or the Third Party Provider in any transaction.
Your requested domain-names (“URL”) will be owned by The Provider (Das Ereignis GmbH) who is also listed as technical contact person. However, the domain names are the intellectual property of The User and can be transferred out at any time. The Third-Party Service registered with the domain name will be DNSimple.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by authorized.
You are solely responsible for any and all User Content.
By posting or distributing User Content on or through the Services, you represent and warrant to The Provider that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party and (iii) the User Content does not violate any Swiss law or any applicable international Law nor any of the restrictions made in the Terms of the Third-Party Providers.
Solely for purposes of providing the Services, you hereby grant to The Provider a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, The Provider does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
You acknowledge and agree that The Provider may, but is not obligated to, immediately take any corrective action in his sole discretion, including without limitation removal of all or a portion of the User Content, and suspend or terminate any and all Services without refund if you violate the Terms, the Terms of our Third-Party Providers or the applicable Swiss regulations, especially regarding illegal content such as illegal pornography, racist material, offending material, material used for illegal purposes such as hacking or any other illegal purposes. You hereby agree that The Provider shall have no liability due to any corrective action that The Provider may take.
All payments due are in USD unless otherwise indicated. We accept all the major credit cards as payment sources. All payments are final and non-refundable, especially if we have to terminate the contract due to violation of The Terms by you or any third-party who has access to your account for any reason whatsoever.
Currently we have monthly payments, but in these payments the fees for the registered domain are not included, they will be charged as they are charged to us by the Third-Party Provider, usually once per year. Your subscription is renewed tacitly month by month, except denunciation by one of the two parts, one month before the next expiration date. Our payment processor is currently Stripe.
The Provider shall have the right to call in third parties, such as (but not necessarily limited to) for hosting, analysing, payment, mailing, logging, debugging and advertising purposes. The list of the Third-Parties is available on request by E-Mail. Some of the current Third-Parties are: Heroku, Cloudinary, Akamai, Amazon AWS, mongolab, mandrill, papertrailapp, Google, Zendesk.
Hereby you confirm to be fully aware of the fact, that the Terms of Services of our Third-Parties may have other rights and obligations applicable to these Terms as well as The Services. Moreover, you are fully aware of the fact, that not all of our Third-Parties are in the scope of the so called "safe harbor", since they are situated, f.e., within the United States of America. You agree to this and you contact us before you start using The Services, if this implies any issues regarding your intention and aim.
You are responsible for all of your activity in connection with The Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of The Services or Content in violation of these Terms may be grounds for immediate termination of the contract without any compensation for early termination whatsoever.
Use of The Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will you use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You or (e) use any forbidden pornographic material (especially with minors, animals or violence).
IN NO EVENT WILL THE PROVIDER ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES.
THIS LIMITATION OF LIABILITY IS MADE AS FAR AS POSSIBLE ACCORDING TO ART. 100 OF THE SWISS CODE OF OBLIGATIONS.
September 14, 2015
Das Ereignis GmbH