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3WMake Website - Terms of use
 

Attention: please read these terms of use (“terms”) carefully before using this website (“site”). Using this site indicates that you have read and accept these terms. If you do not accept these terms, you are not authorized to use this site. These terms govern your use of the site, any content (such as text, data, information, graphics, or photographs) that 3WMake company and its subsidiaries (collectively "3WMake") may make available through the site (collectively, “materials”) and any services that 3WMake may provide through the site (collectively, “services”). The site, materials, and services are referred to in these terms collectively as the “3WMake website.”

Use of 3WMake Website

Except as set forth below, 3WMake authorizes you to use the 3WMake Website only for your own personal, non-commercial purposes. Use of the 3WMake Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and 3WMake, 3WMake owns the 3WMake Website. The 3WMake Website is protected under Swiss and international copyright laws. Any unauthorized use of the 3WMake Website may violate copyright, trademark, and other laws.

Access to our website

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the 3WMake Website and for paying all charges related thereto. When you register to open an account anywhere on the 3WMake Website, or when you contact 3WMake through the 3WMake Website for the purpose of receiving products or services, 3WMake may collect certain personal information about you. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your 3WMake Website account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your 3WMake Website password and you are solely responsible for all activities that occur under your password. You agree to notify 3WMake immediately of any unauthorized use of your password or any other breach of security related to the 3WMake Website. 3WMake reserves the right to require you to change your password if 3WMake believes that your password no longer is secure. Access to 3WMake Website granted under other separately executed agreements by 3WMake and you shall supersede the terms contained in this Section.

Prohibited uses

You agree not to use the 3WMake Website (including, without limitation, any Materials or Services you may obtain through your use of the 3WMake Website): in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); to stalk, harass, or harm another individual; to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or to interfere with or disrupt the 3WMake Website or servers or networks connected to the 3WMake Website. You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with the 3WMake Website; or attempt to gain unauthorized access to any portion of the 3WMake Website or any other accounts, computer systems, or networks connected to the 3WMake Website, whether through hacking, password mining, or any other means.

Website Termination

Except as set elsewhere; 3WMake may terminate, suspend, or modify your registration with, or access to, all or part of the 3WMake Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the 3WMake Website at any time. If you breach any of these terms, your authorization to use the 3WMake Website automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Disclaimers

The 3WMake website is provided "as is" and “with all faults” and the entire risk as to the quality and performance of the 3WMake website is with you. Should the materials or services prove defective, you, and not 3WMake, assume the entire cost of all necessary servicing and repair. 3WMake expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to the 3WMake website (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, 3WMake makes no warranty that the 3WMake website will meet your requirements or that the 3WMake website will be uninterrupted, timely, secure, or error free or that defects in the 3WMake website will be corrected. 3WMake makes no warranty as to the results that may be obtained from the use of the 3WMake website or as to the accuracy or reliability of any information obtained through the 3WMake website. No advice or information, whether oral or written, obtained by you through the 3WMake website or from 3WMake, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “the 3WMake parties”) shall create any warranty. 3WMake disclaims all equitable indemnities.

Limitation of liability

In no event will any of the 3WMake parties be liable for any indirect, special, consequential, punitive, or exemplary damages or any damages whatsoever in excess of one one EURO (EUR1.00) (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with the 3WMake website (including, without limitation, use, inability to use, or the results of use of the 3WMake website), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any 3WMake party has been advised (or should have known) of the possibility of such damages.

Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any 3WMake Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the 3WMake Party’s liability shall be the minimum permitted under such applicable law.

Modifications and changes to the 3WMake Website

3WMake reserves the right to modify, suspend, or discontinue the 3WMake Website at any time without notice to you. For example, 3WMake may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and 3WMake makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local 3WMake business contact for information regarding the products, programs, and services that may be available to you.

User submissions

Certain areas of the 3WMake Website (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to 3WMake an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to - use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and - use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that 3WMake deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). 3WMake reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. 3WMake may, but is not obligated to, pre-screen User Submissions or monitor any area of the 3WMake Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. 3WMake is not required to host, display, or distribute any User Submissions on or through the 3WMake Website and may remove at any time or refuse any User Submissions for any reason. 3WMake is not responsible for any loss, theft, or damage of any kind to any User Submissions. 3WMake does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that 3WMake will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. 3WMake does not guarantee that you will have any recourse through 3WMake or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that: you are at least 13 years old you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to 3WMake the rights in your User Submissions described herein; you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions; you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to 3WMake described herein; your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; you voluntarily agree to waive all "moral rights" that you may have in your User Submission; any information contained in your User Submission is not known by you to be false, inaccurate, or misleading; your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy; you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission; your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own); your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; your User Submission does not contain any information that you consider confidential, proprietary, or personal; and your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Links to third-party websites

Links on the 3WMake Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the 3WMake Website. 3WMake is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, 3WMake does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the 3WMake Network, you do this entirely at your own risk.

Linking to this Site

You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent 3WMake’s written authorization otherwise, a website that links to this Site: may link to, but shall not replicate, any Materials (including any 3WMake logo); shall not create a browser or border environment around any Materials; shall not imply that 3WMake endorses such website or any products, services, or content available through such website; shall not misrepresent its relationship with 3WMake; shall not present false or misleading information about 3WMake, its products, or its services; shall not contain content that could be construed as distasteful, offensive, or controversial; and shall contain only content that is appropriate for all age groups.

Indemnification

You agree to indemnify, defend, and hold harmless the 3WMake Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these terms . 3WMake reserves the right 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 3WMake’s defense of such claim.

Electronic communications

When you visit the Site or send e-mails to 3WMake, you are communicating with 3WMake electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that 3WMake provides to you electronically satisfy any legal requirement that such communications be in writing.

Use of 3WMake Logos and Trademarks

These terms, together with any additional terms to which you agree when using particular elements of the 3WMake Website, constitute the entire and exclusive and final statement of the agreement between you and 3WMake with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and 3WMake with respect to such subject matter. The 3WMake Parties are third party beneficiaries with respect to the provisions in these terms that reference them. These terms and the relationship between you and 3WMake shall be governed by the laws of Switzerland as applied to agreements made, entered into, and performed entirely in Switzerland by Swiss residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these terms or your use of the 3WMake Website shall be brought in the State courts located in Geneva, Switzerland, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of 3WMake to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of 3WMake and you as reflected in the provision, and that the other provisions of these terms remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. These terms shall remain in full force and effect notwithstanding any termination of your use of the 3WMake Website. These terms will be interpreted without application of any strict construction in favor of or against you or 3WMake. These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 3WMake without restriction.

Modifications to these terms

3WMake may, in its sole and absolute discretion, change these terms from time to time. 3WMake will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the 3WMake Website. Continued use of the 3WMake Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these terms may be superseded by expressly-designated legal notices or terms located on particular pages of the 3WMake Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these terms and to supersede the provision(s) of these terms that are designated as being superseded.