1.2. We reserve the right to amend this Agreement at any time, by posting such changes to this Agreement on the Site at least seven (7) days prior to the change taking effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Site and/or our Services after any such change constitutes your acceptance of the amended Agreement.
1.3. For the purposes of this Agreement the following definitions shall apply:
1.3.3. Voltanode Content: the data, information and content displayed on the Site or otherwise disclosed by Voltanode to You in connection with the provision of the Services, including without limitation, company information, partner information, logos, designs, pictures, drawings, advertisements, links, reports, contents of third-party users and other
1.3.4. Voltanode Data: the Services and all materials therein or transferred thereby or otherwise displayed or available at the Site, including, without limitation, software, drawings, images, text, graphics, illustrations, photographs, audio, videos, music, and other content, logos, brands, trade and service marks (including in particular Voltanode and Voltanode.com marks), patents and copyrights and all Intellectual Property Rights related thereto.
1.3.6. Profile Settings: the user preferences editor page available on our Site when you are logged in your account.
1.3.7. Services: the related services provided on the Site with or without registration or after registration to the Site
1.3.8. User, You or Your: any person visiting the Site and/or registering to the Site and to our Services (including co-registration) and/or using our Services with or without registration.
1.3.9. User Content: any textual or other (visual, audio, etc.) content posted or submitted by a User on our Site, such as without limitation in blogs, groups, communities and other similar forums and surfaces or otherwise disclosed to Voltanode.
1.3.10. User Data: Personal Data and User Content together.
1.3.11. Third-Party Sites: other sites operated by third parties such as, without limitation, advertisings, partner websites, including the information, materials, products, or services displayed or provided thereon.
2. Our proprietary rights
2.1. With the exception of content owned by or licensed from third parties, the Services and all materials therein or transferred thereby or otherwise displayed or available at the Site, including, without limitation, software, images, text, graphics, illustrations, photographs, audio, videos, music, and other content, logos, brands, trade and service marks (including in particular Voltanode and Voltanode.com marks), patents and copyrights (“Voltanode Content”) and all Intellectual Property Rights related thereto, are the exclusive property of Voltanode.
2.2. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Voltanode Content. Use of the Voltanode Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
3. General rules of using the Site and the Services
3.1. Permitted use
3.1.1. You may use our Site and Services for your own purpose, according to the terms of this Agreement.
3.1.2. In addition to any other type of use, prohibited or otherwise irreconcilable with the rules or the general purpose of this Agreement, you shall not
- relicense, rent, lease, or otherwise provide access to the Services to third parties; may not cause or permit the reverse engineering, disassembly, or decompilation of the Services; may not use the Services in any way to design or develop competing services and/or software products or to create derivative works of the Services;
- copy, distribute or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
- use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more server request messages to the Voltanode.com than a single person could produce in the same period of time by using a conventional on-line web browser;
- transmit spam, chain letters, or other unsolicited email;
- interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
- take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- upload invalid data, viruses, worms, or other software agents through the Services;
- collect or harvest any personally identifiable information from the Site or the Services, except as expressly permitted by the features of the Services;
- use the Services for any commercial solicitation purposes;
- impersonate another person, conducting fraud, hiding or attempting to hide your identity;
- interfere with the proper working of the Services;
- access any content on the Services through any technology or means other than those provided or authorized by the Services; or
- bypass the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
- mine, harvest, spider, display, extract, or otherwise use any User Data on or from the Site with the exception of Your User Data.
3.1.3. Voltanode grants public search engines revocable permission to copy certain User Data from the Site for the sole purpose of creating publicly available searchable indices of such data but does no cache or otherwise archives such data.
3.1.4. You may use our Services only if you are at least eighteen (18) years of age and can form a binding contract with Voltanode.com, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 18 is prohibited and in violation of this Agreement.
3.2. Operation of the Site and provision of the Services
3.2.1. Voltanode may at any time, at its discretion and without giving prior notice or reasons, partially or entirely deny or terminate access to parts or the entirety of the Site or the Services, may make changes to the Site or the Services and may temporarily or permanently cease to operate the Site or provide the Services.
3.2.2. The data, information and content displayed on the Site or otherwise disclosed by Voltanode to you in connection with the provision of the Services, including without limitation, company information, partner information, drawings, pictures, advertisements, links, reports, User Data of other users, etc. (“Voltanode Data”) is provided without warranties of any kind, including any express or implied warranty that such Voltanode Data is accurate, truthful, up to date, reliable, legally compliant, non-infringing, non-misleading or otherwise no objectionable or that any defects or errors will be corrected. We will not be liable to you (whether under the law of contract, the law of torts or otherwise) for any direct, indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, which may arise from the fact that such Voltanode Data is inaccurate, untruthful, out of date, unreliable, legally incompliant, infringing, misleading or otherwise objectionable or that any defects or errors are not corrected. Your dealings with advertisers and other third parties whose contents are displayed on our Site or otherwise disclosed by us to you, including payment and delivery of goods, services and any other terms (such as warranties) are solely between you and such third parties. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties
3.2.3. We are not liable for your interactions with other users, or for any user’s action or inaction. We are not obliged to you to enforce this Agreement against any other user.
3.2.4. We reserve the right, but have no obligation, to monitor your User Data and your access to and use of our Site and our Services. We reserve the right to remove any User Data and suspend or terminate your access to or use of the Site and the Services without giving notice or reasons thatof.
3.3. User Data
3.3.2. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Data, that Voltanode’s use of your User Data in accordance with this Agreement will not violate any law or infringe the rights of any third party.
3.3.3. You are solely responsible for the User Data that you post, submit or otherwise disclosed to us. You agree not to post User Data that
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other User or any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally dentifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets, information subject to any confidentiality or non-compete obligation, information infringing intellectual property rights, privacy or data protection rules, etc.);
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- contains any information or content that you know is not correct and current.
3.3.4. By posting or submitting on the Site, or otherwise disclosing to us User Data, you represent and warrant that it is accurate, truthful, up to date, reliable, legally compliant, non-infringing, non-misleading or otherwise no objectionable. You shall keep Voltanode harmless (whether under the law of contract, the law of torts or otherwise) for any direct, indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, which may arise from the fact that User Data that you post, submit or otherwise disclose is inaccurate, untruthful, out of date, unreliable, legally incompliant, infringing, misleading or otherwise objectionable .
3.3.5. You understand and agree that You may be exposed to User Data that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that Voltanode shall not be liable for any damages you allege to incur as a result of any such User Data.
4. Registration and accounts
4.1. In order to use certain Services, you may need to register and create an account.
4.4. Upon registration with us, we may also offer you to co-register to other sites and services operated by third parties. Voltanode has no control over and does not accept any responsibility in connection with or arising out of your co-registrations with and your use of other sites and services operated by such third parties.
4.5. An e-mail address can be attached only to one account at the same time. In case of signing up with an already registered e-mail address, we send you a verification e-mail to make sure, if you intend to overwrite the registration. After conformation, only the new account will be accessible, the former will be deleted. Otherwise we do not send a verification and you shall be solely responsible for using your own e-mail address for sign up.
4.6. Upon successful registration, we will create a personal account for you and automatically log you in to your account. On other occasions, you can log into your account by using your username or automatically if you click on any link in our e-mails that directs to our Site. If you don’t log out manually, your online session will live every time up to 180 days before we automatically log you out. You are solely responsible for any consequences of failing to log out manually, after using our Services at a public terminal or otherwise.
4.7. You are solely responsible for the activity that occurs under your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
4.8. You may control your profile information and how you interact with our services by changing the settings in Profile Settings.
4.9. You have no ownership or other rights in your account and in the event that your account is terminated, its content may not be available. We may suspend or terminate your account, at any time without giving notice or reasons thereof.
4.10. If you access the Services through a social networking site, you agree that we can use any information and data that you provide in your applicable social networking site account such that the same information is available in your account on the Site. You agree that we are not liable for any Personal Data that is made available to us in violation of your privacy settings with the applicable social networking site.
4.11. Upon your request we delete your account. Deleting your account does not automatically result in the physical deletion of every information that we store about you and your activity.
5. Indemnity and equitable relief
5.1. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Voltanode and its subsidiaries, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and access to the Site and the Services, including any User Data transmitted or received by you; (ii) your violation of any term of this Agreement and any other agreement that you have with Voltanode, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party rights, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claims or damages that arise as a result of your User Data; (vi) any other party’s access and use of the Site and the Services with your account or log-in information; and/or (vii) your intentional or willful misconduct, or negligence.
5.2. You acknowledge that a breach by you of any provision of this Agreement may cause Voltanode irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Voltanode may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, Voltanode may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
6. No Warranty
6.1. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOLTANODE’ SITE IS OPERATED AND THE SERVICES ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS OPERATED AND THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VOLTANODE, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON THE SITE OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.
6.2. VOLTANODE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY ON THE SITE OR THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND VOLTANODE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
6.3. VOLTANODE DOES NOT WARRANT THAT YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
7. Limitation of Liability
7.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL VOLTANODE, ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES; (II), LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL VOLTANODE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
7.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOLTANODE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
7.3. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF VOLTANODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8.1. If you have questions about the Site, our Services, your account, User Data, or relating to any other question, please contact Customer Service at contact (at) voltanode (dot) com.
9.1. All matters relating to this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Switzerland without giving effect to any choice or conflict of law provision or rule (whether of Switzerland or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, this Agreement shall be instituted exclusively in the federal courts of Switzerland or the courts of Geneva located in the County of Geneva in Switzerland, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9.2. You agree that all notices will be sent either to the email or postal address You have on file with Voltanode. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
9.3. Notices from You to Voltanode shall be made either by email, sent to contact (at) voltanode (dot) com, or by first-class mail to Voltanode Sàrl, address at: Rue de la Cité 1 – 1204 Geneva, Switzerland.
9.4. You may not assign this Agreement for any reason. Any such attempted assignment shall be null and void and a breach of this Agreement.
9.5. The parties hereto are and shall remain independent. Nothing herein shall be deemed to establish a partnership, joint venture, or agency relationship between the parties. Neither party shall have the right to obligate or bind the other party in any manner to any third party.
9.6. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.
9.7. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
9.9. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party will be entitled to recover reasonable attorneys’ fees from the other party