1.A. This agreement governs your use of this Homepage (the "Appassimo Homepage"). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional terms and conditions, is referred to as this "Agreement."
1.B. Appassimo Homepage reserves the right, in its discretion, to change or modify any of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding obligation of these terms and conditions, including any changes or modifications made by Appassimo Homepage as permitted above.
2. Use of Content
2.A. You acknowledge that the Service contains information, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Appassimo Homepage or third parties. All Content on the Service is copyrighted as a collective work of Appassimo Homepage pursuant to applicable copyright law. You agree to comply with any additional notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.
2.B You may not modify, publish, transmit, transfer or sell reproductions, create derivative works from, distribute, perform, display, or in any way exploit any Content, in whole or in part, except as expressly permitted in this Agreement. You may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for declaring whether any Content is in the public domain. You grant to Appassimo Homepage the right to edit, copy, publish, distribute, translate and otherwise use in any medium Any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.C. You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of the Appassimo Homepage. You may download from the Service any Content in the public domain for your personal use or for non-commercial redistribution.
3. No endorsement
3.A. Although Appassimo Homepage is intended to try to relay accurate information to the user, Appassimo Homepage does not endorse or endorse the accuracy or reliability of all Content at your sole risk.
3.B The Service may contain links to sites that are owned and operated by third parties (the "External Sites"). You acknowledge that Appassimo Homepage is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold Appassimo Homepage and its affiliates, directors, owners, agents, information providers and licensors (collectively, the "Appassimo Homepage Parties") harmless from and against any and all claims, liability , costs and expenses (including attorneys fees) incurred by any Appassimo Homepage Party in connection with any use of, or authorized by you. Appassimo Homepage reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Appassimo Homepages defense of such claim.
5. Termination of Service
Appassimo Homepage reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the Interactive Areas, at any time for any reason without prior notice or liability. Appassimo Homepage may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
6.A. NEITHER APPASSIMO HOMEPAGE NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES APPASSIMO HOMEPAGE, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF APPASSIMO HOMEPAGE, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER APPASSIMO HOMEPAGE NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
6.B. NEITHER APPASSIMO HOMEPAGE, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.C. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF APPASSIMO HOMEPAGE, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This Agreement shall be construed in accordance with the laws of the State of Switzerland, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Zurich, Switzerland. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. All pictures, videos, audio and all other media shown in this homepage are assumed to be in the public domain. No violation of copyright is intended here. If one of the pictures, videos, audio or other media shown in this homepage is not in the public domain, please notify us and we will immediately remove it.