Terms & Conditions

1. Your Acceptance

  1. By using or visiting the useKit.com website or any useKit products, software, data feeds and services provided to you on, from, or through the useKit website (collectively "useKit") you (hereinafter the "user") signify your agreement to (1) these terms and conditions and (2) useKit's privacy policy found at http://useKit.com/privacy-policy.
  2. Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version http://useKit.com/terms-and-conditions. useKit may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.

2. Service

  1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of useKit, including but not limited to all products, software and services offered via the useKit website, such as the useKit public Contexts, ProBinder, the useKit Platform, the useKit Bar and other applications.
  2. Your use of the Service is at your sole risk. The Service is provided on an AS IS and AS AVAILABLE basis. useKit does not warrant that the service will meet your specific requirements and disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. useKit also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
  3. The Service may contain links to third party websites that are not owned or controlled by useKit. useKit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, useKit will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve useKit from any and all liability arising from your use of any third-party website.
  4. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

3. useKit Accounts

  1. In order to access some features of the Service, you will have to create a useKit account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify useKit immediately of any breach of security or unauthorized use of your account.
  2. Although useKit will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of useKit or others due to such unauthorized use.

4. Termination

  1. You may discontinue your use of the Service at any time, for any or no reason and with or without notice. useKit may also terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for useKit terminating your account or the Service include, without limitation: (a) breach or violation of these Terms and Conditions or any Separate Agreement, (b) your request or self-effecting account deletion, (c) an extended period of inactivity (determined in useKit's sole discretion), (d) your nonpayment of any fees or other sums due useKit's or any other party related to your use of the Service, (e) requests by law enforcement or other government agencies, (f) the discontinuance or material modification to the Service (or any part thereof), or (g) unexpected technical or security issues or problems. In the event of any termination, we will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use the Service.

5. General Use of the Service - Permissions and Restrictions

useKit hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You must be at least 13 years old to use the Service.
  2. You agree not to distribute in any medium any part of the Service or the Content without useKit's prior written authorization, unless useKit makes available the means for such distribution through functionality offered by the Service (useKit Player).
  3. You agree not to alter or modify any part of the Service.
  4. You agree not to access Content through any technology or means other than the useKit platform pages of the Service itself, the useKit Bar, or other explicitly authorized means useKit may designate.
  5. You agree not to use the Service for any of the following commercial uses unless you obtain useKit's prior written approval:
  6. the sale of access to the Service;
  7. the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
  8. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from useKit appears on the same page and is of sufficient value to be the basis for such sales.
  9. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the useKit servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, useKit grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. useKit reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
  10. In your use of the Service, you will comply with all applicable laws.
  11. useKit reserves the right to discontinue any aspect of the Service at any time.

6. Private content

  1. Content stored in the Users private account is owned by the User and never made publically available in any kind by useKit; Unless permissions are set in such a way by the User turning it into "shared or public content".
  2. You are solely responsible for the Content that you store on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. useKit does not endorse and has no control over the Content. Content is not reviewed by useKit.
  3. The User is obliged to observe all rules of law, morals, and public deceney, which explicitly or implicitly apply in Switzerland.

7. Shared or public Content

  1. useKit may delete any Content that in the sole judgment of useKit violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. useKit assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time useKit chooses, in its sole discretion, to monitor the Services, useKit nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  2. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. useKit does not endorse and has no control over the Content. Content is not necessarily reviewed by useKit prior to posting and does not necessarily reflect the opinions or policies of useKit. useKit makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
  3. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to useKit, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

8. Content/Activity Prohibited

  1. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. useKit reserves the right to investigate and take appropriate legal action against anyone who, in useKit's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of useKit:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter;
    5. solicits personal information from anyone under 18;
    6. provides any telephone numbers, street addresses, last names, URLs or e-mail addresses;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    14. includes a photograph of another person that you have posted without that person's consent;
    15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
  2. The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. useKit reserves the right to investigate and take appropriate legal action against anyone who, in useKit's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk e-mail to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send unsolicited bulk e-mail, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to useKit, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay useKit $50 for each such unsolicited e-mail or other unsolicited communication you send through the Services;
    3. any automated use of the system, such as using scripts to add friends;
    4. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
    5. attempting to impersonate another Member or person;
    6. selling or otherwise transferring your profile;
    7. using any information obtained from the Services in order to harass, abuse, or harm another person;
    8. using the Services in a manner inconsistent with any and all applicable laws and regulations.

9. Property Rights

You acknowledge that useKit owns all intellectual property rights of the service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the 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 without the express written permission by useKit.

The User grants to useKit free of charge a non-exclusive, worldwide, an irrecoverable right for commercial use and utilization in an anonymous form of the data submitted by the User to useKit in the Context of the Platform.

10. Advertisements

The Service may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Service, and may be targeted to Content subject matter. You hereby agree that useKit may present advertising in connection with the Service in consideration for the rights granted you to access and use the Service. Any decision to utilize advertising, and the manner, mode, extent and terms of any advertising, presented with the Service, are subject to change. We shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such practices or changes or as the result of the presence of such advertisers on the Service, including, without limitation, any change in the cost of obtaining any Service. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, USEKIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. USEKIT DOES NOT WARRANT THAT (1) THE SERVICE MEET ALL OF YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (3) ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USEKIT OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

12. Limitation on Liability

IN NO EVENT SHALL USEKIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF USEKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USEKIT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO USEKIT FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

13. Indemnification

You agree to hold harmless and indemnify useKit and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

14. Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of Switzerland. For information on privacy issues, please review our Privacy Policy http://useKit.com/privacy-policy. Exclusive place of Jurisdiction is Basel, Switzerland.

15. Indemnification

useKit shall reserve the right to modify these Terms and Conditions at any time without indicating any reasons. If we decide to change our Terms and Conditions, we will post those changes to this privacy statement at this page. If we make major changes to this policy, we will notify you by Email or by means of a notice on our home page.

16. Contact Us

If you have any questions or suggestions regarding our Terms and Conditions, please contact us via or postal mail at:

useKit AG
BASEL INKUBATOR
Attn: Privacy Manager
Hochbergerstrasse 60c
CH-4057 Basel
Switzerland