The Website is offered and available to users who are 18 years of age or older. If you are a resident of a country outside of Switzerland, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the use and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.
Content. refers to content contributed, uploaded, presented, featured or displayed through the Website or otherwise in connection with the Website, including without limitation text, audio, data, articles, images, technical descriptions, calculations, photographs, graphics, software code, applications, designs, patents, copyrights, licenses, trademarks, trade secrets, confidential or proprietary technical and other information, features, and other materials.
User-Generated Content. is Content, written or otherwise, created by users as part of their activity in connection with the Website, excluding Your Content.
Your Content. refers to Content licensed to you or created by you independently and without any relation to your activity as a user on the Website.
Account. A "User Account" represents an individual user’s authorization to log in to and use the Website and serves as a user’s identity on the Website.
3. Basics of the Relationship
Short version: Each user participating in the Website is independent. You, the other users and we are independent of each other and are neither a simple partnership or form an employer – employee relationship. The information on the Website is of general nature and you cannot rely on any of such information.
3.2 No Legal Advice
The Website contains general information only and is not legal advice. Any user using the Website should not rely on any of its content.
In order to encourage open communication, you agree that any Content presented on the Website is a private communication from the user making the contribution and is presented with the restriction that such information is confidential and not for public use outside the Website. Prior to quoting or publishing any such Content in any publication, written or electronic, written approval from us must first be obtained.
These restrictions apply to each user and are intended to cover social networks, blogs, tweets or any other publication, distribution, communication or sharing of Content presented on the Website. This, however, is not restricting you to publish information about the existence of the Website and its benefits.
The aforementioned obligations do not apply to Content that you can demonstrate that such Content:
as shown by written records, was known to, or was in the possession of, you prior to the time of disclosure on the Website; or
as shown by written records, is developed by you independently of any Content disclosed on the Website.
4. Account Terms
Short version: Each person must create an Account; you must be 18 or over; you must provide a valid email address, and you may not have more than one Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
4.1 Account Controls
You must provide a valid email address, your first name, your last name and choose a password in order to complete the signup process. Any other information requested, such as your picture is optional.
We have a few simple rules for User Accounts:
You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do not permit machine accounts.
One person may maintain no more than one Account.
FRORIEP does not target the Website to a person under 18, and we do not permit any users under 18 on our Website. If we learn of any user under the age of 18, we will terminate that User’s Account immediately. If you are a resident of a country outside Switzerland, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
Your login may only be used by one person - i.e., a single login may not be shared by multiple people.
4.2 User Account Security
You are responsible for keeping your Account secure while you use the Website. You are responsible for all content posted and activity that occurs under your Account.
You are responsible for maintaining the security of your Account and password. FRORIEP cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify FRORIEP if you become aware of any unauthorized use of, or access to, the Website through your Account, including any unauthorized use of your password or Account.
4.3 Additional Terms
5. Acceptable Use
Short version: While using the Website, you must follow the acceptable use provisions in this section 5, which includes some restrictions on Content you can post, conduct between different users, and other limitations. In short, be excellent to each other.
5.1 Compliance with Laws and Regulations
Your use of the Website must not violate any applicable laws, including copyright, patent or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Website is in compliance with laws and any applicable regulations.
5.2 Content Restrictions
You may not use, or encourage, promote, facilitate or instruct others to use, the Website for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming;
content that infringes or misappropriates the intellectual property or proprietary rights of others;
content that is defamatory, obscene, abusive, invasive of privacy, racist, sexist or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts;
content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
5.3 Conduct Restrictions
While using the Website, you agree that you will not under any circumstances:
harass, abuse, threaten, or incite violence towards any individual or group, including FRORIEP employees, officers, and agents, or other users of the Website;
use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
attempt to disrupt or tamper with FRORIEP's servers in ways that could harm our Website, to place undue burden on FRORIEP's servers through automated means, or to access the Website in ways that exceed your authorization;
impersonate any person or entity, including any of our employees or representatives, including through false association with FRORIEP, or by fraudulently misrepresenting your identity or the Website's purpose; or
violate the privacy of any third party, such as by posting another person's personal data without consent.
5.4 Website Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website and its Content, use of the Website and the Content, or access to the Website without FRORIEP's express written permission.
Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. You agree not to scrape anything from our Website.
5.7 Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other Website users, we reserve the right to suspend your Account or throttle your file hosting until you can reduce your bandwidth consumption.
5.8 User Protection – FRORIEP Values
You agree not to engage in activity that significantly harms our users. We will resolve disputes in favor of protecting our users as a whole.
6. User Owned Content
6.1 Responsibility for Your Content and User-Generated Content
You may create User-Generated Content or upload User-Generated Content and Your Content while using the Website. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content or Your Content that you post, upload, link to or otherwise make available via the Website, regardless of the form of that Content. We are not responsible for any public display or misuse of Your Content.
6.2 FRORIEP May Remove Content
We do not pre-screen User-Generated Content or Your Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content or Your Content that, in our sole discretion, violates any FRORIEP terms, policies or applicable laws.
6.3 Ownership of Content, Right to Post, and License Grants
We own all right, title, and interest in and to the User-Generated Content. You hereby irrevocably and unconditionally transfer and assign any and all of your title in and to the User-Generated Content worldwide and upon first request by us execute and deliver all documents necessary to effect such transfer. If a transfer and assignment are not possible according to applicable law, you grant us the rights in section 6.4.
We may freely and irrevocably use and dispose User-Generated Content. Our rights comprise all current and future purposes of use, including application for and prosecution of intellectual property rights, use, exploitation, production of copies, offering, transfer, distribution, dissemination, making available, publication, disposal, alteration and creation of derivative works. The costs of the assignment and transfer of title will be borne by us.
It is conceivable that User-Generated Content created by you may accrue to third parties (such as your employer or your education institution, or the like e.g. employed professional researcher) by rule of law or as per a pre-existing employment contract, applicable regulations of an institution, and the like, unless you and the third-party expressly agree otherwise. You shall ensure that this is not the case before participating on the Website. We are entitled to request you to provide a written waiver on the part of such third parties with regard to User-Generated Content created by you in connection with activities as part of the participation on the Website. We have the right to remove User-Generated Content created by you or close your Account.
6.4 License Grant to Us
We need the legal right to do things like host Your Content, publish it, share it, record audio files for podcasts and use it to exploit the intellectual property registrations together with the User-Generated Content.
You hereby grant us an unlimited, non-exclusive, sub-licensable, transferable, perpetual, irrevocable and fully paid up right to use, to store, parse, display, record audio files for podcasts of Your Content on the Website and register and exploit intellectual property rights included in User-Generated Content that contains Your Content, and make incidental copies as necessary. You shall not grant any third parties any rights that might affect this right of us. In particular, you shall only transfer, assign or license Your Content to third parties if this right of FRORIEP is adequately safeguarded.
6.5 License Grant to Other Users
Any Your Content you post may be viewed by others. You agree to allow others to view such content. You grant each user of the Website a nonexclusive, worldwide license to use and display Your Content you post through the Website and to reproduce such content as permitted through the Website's functionality. If you are uploading Your Content you did not create or own, you are responsible for ensuring that such content you upload is licensed under terms that grant these permissions to other users.
6.6 Moral Rights
You retain all moral rights to Your Content that you upload, publish, or submit to the Website, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in section 6.
7. Copyright Infringement
If you believe that Content available via the Website violates your copyright, please contact us. If you are a copyright owner and you believe that content on the Website violates your rights, please contact us via email@example.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
8. Intellectual Property Notice
Short version: We own the Website and all of the User-Generated Content. In order for you to use the Website, we give you certain rights to it, but you may only use the Website in the way we have allowed.
Short version: Your Feedback helps us to improve the Website. Therefore, we need from you certain rights.
If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Website, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. You hereby assign to us, all right, title, and interest in, and agree to provide us any assistance we require to document, perfect, and maintain our rights. We are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
10. Advertising on the Website
You are not allowed to use the Website for advertising, except expressly permitted by us.
11. Spamming and Inappropriate Use of the Website
The Website is provided by FRORIEP free of charge.
Participation in the Website is voluntary and you will only receive a monetary compensation from us if specifically agreed. The Website may include smart technologies that record contributions by the users of the Website. FRORIEP may make credits for contributions by users visible on the Website.
14. Cancellation and Termination
Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.
14.1 Account Cancellation
It is your responsibility to properly cancel your Account with FRORIEP. You can cancel your Account at any time by sending a request via firstname.lastname@example.org.
14.2 Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements. We will not delete Content that you have contributed to the Website or that other users have forked.
14.3 FRORIEP May Terminate
FRORIEP has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. FRORIEP reserves the right to refuse access to and use of the Website to anyone for any reason at any time.
15. Communications with FRORIEP
Short version: We use email and other electronic means to stay in touch with our users.
16.1 Electronic Communication Required
16.2 Legal Notice to FRORIEP must be in Writing
Communications made through email or FRORIEP support's messaging system will not constitute legal notice to FRORIEP or any of its officers, employees, agents or representatives in any situation where notice to FRORIEP is required by contract or any law or regulation. Legal notice to FRORIEP must be in writing and served on FRORIEP's legal agent.
17. Disclaimer of Warranties
Short version: We provide the Website as is, and we make no promises or guarantees about the Website. Please read this section carefully; you should understand what to expect.
FRORIEP provides the Website "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
FRORIEP does not warrant that the Website will meet your requirements; that the Website will be uninterrupted, timely, secure, or error-free; that the information provided through the Website is accurate, reliable or correct; that any defects or errors will be corrected; that the Website will be available at any particular time or location; or that the Website s is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading, reliance or use of files, information, content or other material obtained from the Website.
18. Release and Indemnification
Short version: You are responsible for your use of the Website. If you harm someone else or get into a dispute with someone else, we will not be involved.
19. Limitation of Liability
20. Changes to These Terms
Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important - we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
21. Governing Law and Court Venue
23. Severability, No Waiver, and Survival
24. Complete Agreement