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Terms and conditionsTERMS AND CONDITIONS OF USING THE PLANYO SITE 1. CODE OF CONDUCT The Planyo Site created and owned by Xtreeme GmbH may only be used for lawful purposes. Violation of local, federal and international laws is strictly prohibited. While using the Site, you agree not to: - Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Site; - Use the Site for any unlawful purpose; - Express or imply that any statements you make are endorsed by us, without our prior written consent; - Post, publish, reproduce or transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); - Engage in spamming or flooding; - Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; - Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; - Remove any copyright, trademark, or other proprietary rights notices contained in the Site; - Frame" or "mirror" any part of the Site without our prior written authorization; - Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; - Use the Site to gather information which will be used later to write specifications for similar products development; 2. REFUSAL OR DISCONTINUANCE OF SERVICE We reserve the right to refuse or discontinue service to anyone without notice if you engage in any conduct or activities that we believe violates any of the terms and conditions in this agreement. We shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information necessary to satisfy the law, or to protect the Site and its subscribers. We reserve the right to refuse to facilitate sales of any information or materials, in whole or in part, that are unacceptable, undesirable, or in violation of this agreement. 3. WARRANTY We make no warranties or representations of any kind for the services being offered. The Site is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by the Site shall create a warranty. We provide no warranty that the Site will be uninterrupted or error free or that any information, software or other material accessible on or via the Site is free from viruses or other harmful components. Under no circumstances shall we be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the Site. If you are dissatisfied with our service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Site. The sole and exclusive maximum liability to you for all damages, losses, and causes of action, whether in contract, tort (including, without limitation, negligence), or otherwise, shall be the total amount paid by you, if any, to access the Site. 4. INDEMNIFICATION You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site. 5. IDENTIFICATION You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply us with a current and truthful company name and email address for our records, and you have a continued obligation to keep this information up to date. 6. PRIOR AGREEMENTS This agreement supersedes any written, electronic, or oral communication you may have had with us and constitutes the complete and total agreement between the parties. 7. TERMINATION OF AGREEMENT The provisions of Section 3 (WARRANTY) and Section 4 (INDEMNIFICATION) shall survive any termination of this agreement. 8. APPLICABLE LAW, JURISDICTION, AND SERVICE This agreement shall be governed by the applicable Swiss and international laws. 9. ACKNOWLEDGEMENT By creation of an account, or continuing to maintain an account on the Planyo Site you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
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