Vipera Terms of Service

These Terms of Service are effective as of Sep 1st, 2007.

Vipera is an interactive multimedia communications service that allows users to create and transmit their media over the Internet, to/from mobile phones and any devices that have Internet connectivity with a display screen. Vipera's service is for your personal, non-commercial use only and may not be used for any commercial purpose, without obtaining Vipera's written approval. If you wish to use the service for commercial purposes, please contact Vipera at info@vipera.com for additional information.

The www.vipera.com website and the wap.vipera.com mobile site (collectively, together with the related pages accessible from www.vipera.com and wap.vipera.com, the "Websites") and the related services (including, without limitation, the Vipera Mobile Application and WAP service, and other features, content or applications) (collectively, the "Service") are operated by Vipera GmbH, a Swiss corporation, and its corporate partners (collectively, "vipera.com," "us," "we," or the "Company").

Your Acceptance

By visiting and/or using the Websites and/or any of the Vipera Services, you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post changes to these Terms of Service on this page and indicate at the top of this page the Terms of Service's effective date. Your continued use of the Websites and/or Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access the Websites or the Service. It is your responsibility to regularly review these Terms of Service.

Vipera Websites and Service

These Terms of Service apply to all users of the Vipera Websites and the Service, including users who are also contributors of user-submitted content, information, and other materials or services on the Websites and/or any of the Vipera Services.

The Vipera Websites may contain links to third party websites that are not owned or controlled by Vipera GmbH. Vipera GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Vipera GmbH will not and cannot censor or edit the content or any third party site. You expressly relieve Vipera GmbH from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Vipera Websites and to read the terms and conditions and privacy policy of each other website that you visit.

Websites and Service Access

A. Vipera GmbH hereby grants you permission to use the Websites and the Service as set forth in this Terms of Service, provided that: (i) your use of the Service as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Websites or the Service in any medium without Vipera GmbH's prior written authorization; (iii) you will not alter or modify any part of the Websites or the Service other than as may be reasonably necessary to use the Websites or the Service for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Websites or Service, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You agree not to use the Websites or the Service to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Vipera GmbH immediately of any breach of security or unauthorized use of your account. Although Vipera GmbH will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as us if your account is used in violation of these Terms of Service.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Websites. Notwithstanding the foregoing, Vipera GmbH grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vipera GmbH 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 Websites, nor to use the communication systems provided by the Websites and Service for any commercial solicitation purposes. You agree not to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any form of solicitation. You agree not to solicit, for commercial purposes, any users of the Websites or the Service with respect to their User Submissions.

Intellectual Property Rights

The content on the Vipera Websites and the Service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Vipera GmbH, subject to copyright and other intellectual property rights under Swiss and foreign laws and international conventions. Content on the Websites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Vipera GmbH reserves all rights not expressly granted in and to the Websites and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third-parties obtained through the Websites for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Vipera Websites or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Vipera Websites or Service or the Content therein.

User Submissions

A. The Vipera Websites support the submission by you and other users of content, which may include text, graphics, pictures, photos, sounds, music, videos or other communications (collectively, "User Submissions"), and also supports the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Vipera GmbH does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Vipera GmbH to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions to Vipera GmbH, you hereby grant Vipera GmbH a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Vipera Websites and Vipera GmbH's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Vipera Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Vipera Websites a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Websites and pursuant to these Terms of Service.

C. In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Vipera GmbH all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Vipera GmbH or any third-party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. Vipera GmbH does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Vipera GmbH expressly disclaims any and all liability in connection with User Submissions. Vipera GmbH does not permit copyright infringing activities and infringement of intellectual property rights on its Vipera Websites or the Service, and Vipera GmbH will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. Vipera GmbH reserves the right to remove Content and User Submissions without prior notice. Vipera GmbH also reserves the right to terminate a User's access to its Vipera Websites and Service, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Vipera Websites and/or the Service more than twice. Vipera GmbH also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Vipera GmbH may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. You understand that when using the Vipera Websites and/or the Service, you will be exposed to User Submissions from a variety of sources, and that Vipera GmbH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vipera GmbH with respect thereto, and agree to indemnify and hold Vipera GmbH, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the sites.

E. Vipera GmbH permits you to link to materials on the Vipera Websites and the Service only for your personal, non-commercial use. Vipera GmbH reserves the right to discontinue any aspect of the Vipera Websites and Service at any time.

Member Conduct

You understand that the Websites and the Service are available for your personal, non-commercial use only. You agree not to knowingly create blog and entry names (which shall, without limitation, constitute User Submissions) that infringe on a trademark, copyright or other proprietary rights. You also agree not to create blog and entry names or otherwise use the Websites and Service in such a way as to prevent or interfere with the usage of others. Vipera GmbH reserves the right to discontinue access to the Websites and Service to any user whose usage is deemed, in Vipera GmbH's sole discretion, to interfere with or discourage the reasonable usage of the Websites and Service by others.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE VIPERA WEBSITES AND SERVICE SHALL BE AT YOUR SOLE RISK. THE VIPERA WEBSITES AND SERVICE AND ALL CONTENT, DATA, MATERIALS, ADVERTISING AND DOCUMENTATION PROVIDED IN CONNECTION WITH THE WEBSITES AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, VIPERA GMBH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. VIPERA GMBH DOES NOT WARRANT THAT THE WEBSITES AND SERVICE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE OR VIRUS FREE. VIPERA GMBH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VIPERA WEBSITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIPERA GMBH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL VIPERA GMBH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR VIPERA WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (V), ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIPERA WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT VIPERA GMBH SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Vipera Websites are controlled and offered by Vipera GmbH from data centers in Switzerland and Germany. Those who access or use the Vipera Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Vipera GmbH, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Vipera Websites and Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Vipera Websites.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 14, as the Vipera Websites and Service is not intended for children under the age of 14. If you are under 14 years of age, then please do not use the Vipera Websites and Service. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vipera GmbH without restriction.

General
You agree that: (i) the Vipera Websites and Service shall be deemed solely based in Switzerland; and (ii) the Vipera Websites and Service shall be deemed as passive websites that do not give rise to personal jurisdiction over Vipera GmbH, either specific or general, in jurisdictions other than Switzerland. These Terms of Service shall be governed by the laws of Switzerland, without respect to its conflict of laws principles. Any claim or dispute between you and Vipera GmbH that arises in whole or in part from the Vipera Websites shall be decided exclusively by a court of competent jurisdiction located in Switzerland. These Terms of Service, together with the Privacy Policy published on Vipera Websites and any other legal notices published by Vipera GmbH on the Vipera Websites, shall constitute the entire agreement between you and Vipera GmbH concerning the Vipera Websites. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Vipera's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Vipera GmbH reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Vipera Websites and Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VIPERA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VIPERA WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.