Terms & Conditions
By using the Site www.weeond.com and all its pages (hereinafter the "Site"), you agree to the following Terms and Conditions and other applicable laws. If you do not agree to be bound by these terms and conditions, or by any clause of these terms and conditions you cannot use this Site.
1.1 To allow full understanding and acceptance of these terms and conditions, the following terms, in singular and plural, shall have the meanings set forth below:
WeeonD di Gianluca Davico, resident in Im Gatter 3, 8121 Benglen (CH), hereinafter "WeeonD" is the owner of this Site.
User: any visitor who accesses and use this this Site
Registered User: a User (natural or legal person) that has registered a User Account with Weeond
User Account: the account created by a User with WeeonD and identifying that specific Registered User
User Content: any content created, provided, imported, copied or uploaded on the Site by a Registered User with its User Account, including all drawings, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, works of art, interfaces, user names, information provided for the purpose of creating any sub-domain name, text, literary works and any other material ("Content")
2. User Account
2.1 Access to and use of certain sections and features of the Site is subject, first and foremost, to registration and the creation of a User Account with WeeonD. In particular, the sections that requires the registration of a User Account in order to be used by the Registered User are the Blog and the Community sections included in the WeeonD Site.
2.2 Access to the User Account by someone other than the Registered User may allow such third parties to take actions solely at the User's disposal, make changes to the User Account and accept any legal conditions available in it(s), make various representations, provide warranties and much more, in which case all such activities will be deemed to have taken place in the name and on behalf of the Registered User.
2.3 Therefore, we strongly recommend that you keep your User Account login credentials strictly confidential, as you will be solely and fully responsible for all activities that occur on your User Account (including any representations, warranties and commitments contained therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
2.4 You must provide accurate and complete information when registering your User Account and using the Site and its Services. We strongly recommend that you provide us with your personal (or company's) contact information, including a valid email address, which we can use to identify and determine the true owner of your User Account and/or User Content (as defined below) that you submit to us.
2.5 In the event of a dispute regarding the ownership of a User Account, we reserve the right to determine the ownership of such User Account in our reasonable judgment, regardless of whether or not we conduct an independent investigation. However, if we are unable to make a decision (in our sole discretion), we reserve the right to withhold and/or suspend your User Account until such time as the parties contesting your ownership have resolved the matter, without liability to you or any other party.
3. Responsibilities of the User
3.1 The User declares and guarantees to be at least thirteen (13) years of age or sixteen (16) years of age if he/she is resident in the European Union (EU) or has reached the legal age of majority applicable in his/her jurisdiction and to have the legal authority, right and freedom to sign the WeeonD Terms and to enter into a binding agreement on behalf of the User or the natural or legal person bound by the User to the WeeonD Terms;
3.2 As a Registered User, with your User Account you may have the faculty to create contents and posts on the Blog Section contained in the Site:
The User confirms that he/she owns all rights to any User Content created and/or copied and/or imported and/or uploaded by the User on the Site
User Content is (and will continue to be) true, current, accurate, not intended to infringe the rights of any third party and may legitimately be uploaded, imported, owned, transmitted, displayed or otherwise used by you in the country in which you reside or to which you may access and import, copy, upload, use or own in connection with the Services;
The User confirms the he/she has obtained all necessary consents and authorizations in accordance with all applicable laws, with respect to the posting, transmission and publication of any personal information and/or image or representation of any person, entity or property forming part of the User Content, and to comply with all applicable laws.
3.3 The User undertakes and agrees to:
fully comply with all laws and other contractual conditions governing the use of the Services (and any related interactions or transactions), including those specific laws applicable to the User in any of its geographic locations;
be solely responsible for and liable for compliance with any and all use of the Service and for any and all types of User Content;
receive from time to time promotional messages and materials from WeeonD or its partners, by mail, email or any other form of contact that you may provide us with (including your telephone number for making calls or sending text messages). If you do not wish to receive such promotional materials or communications, please note that you may opt out at any time;
4. Intellectual Property Rights
4.1 In the relationship established between WeeonD and the User, the User that has created a User Content is the owner of all intellectual property rights relating to its User Content. By Creating a User Content on this Site, the user grants WeeonD an unlimited license to publish the User Content on this Site. Moreover, for the sole purpose of providing the services, the User acknowledge and agree that WeeonD will need to access, upload and/or copy the User Content on our platform, to make display adjustments, duplicate backups and to perform any other technical operations and/or use necessary to perform our services, as we see fit.
4.2 These Terms do not transfer to the User any license to use the Site and/or individual Content and/or materials and/or Users Content available therein, for any other purpose than the visualization and consultation of the Site, unless otherwise regulated.
4.3 All the information, content, text, images, html code, photography and graphics published on this Site are the property of WeeonD or its licensees, and may not be copied, reproduced, republished, posted, transmitted, or distributed in any way without our express, advance, written consent. All trademarks and logos used or referred to in this Site are the property of their respective owners.
4.4 Any reproduction in any form of the explanatory texts and contents of the Site, if not authorised, will be considered an infringement of the intellectual and industrial property rights of the Owner and its licensee.
5.1 The User may stop using and request the cancellation of his/her User Account at any time. The effective date and time of such cancellation shall be the date and time at which the cancellation process was completed.
5.2 Failure by a Registered User to comply with any of the present Terms and Conditions entitle WeeonD to suspend or cancel his/her User Account as well as to provide the User with the relevant Services.
6. Warranty disclaimer, liability and duties of the User
6.1 This Site is provided “as is” and WeeonD expressly disclaims all warranties of any kind, whether express or implied, including the warranties of merchantability and fitness for a particular purpose.
6.2 WeeonD will endeavour to ensure that the Site is available without interruption 24 hours a day, but may not in any way be held liable if, for any reason, the Site is not accessible and/or operational at any time or for any period. Access to the Site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons beyond the control of WeeonD or due to events of force majeure.
6.3 The User indemnifies WeeonD from any responsibility in relation to the unlawful distribution of third-party content or the use of the Application in a manner contrary to the law.
7. Limitation of Liability
7.1 The User agrees to indemnify and hold harmless WeeonD (and any of its subsidiaries or affiliates, its representatives, contractors, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred in defending themselves in court, that may arise from damage caused to other Users or third parties, in relation to the Content uploaded, the violation of the terms of law or the terms of these Terms and Conditions.
7.2 WeeonD will therefore not be responsible for:
any losses that are not a direct consequence of the breach of the Contract by WeeonD;
any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, business losses, loss of revenue, income, profits or alleged savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
damages or losses deriving from interruptions or malfunctions of the Site due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the sphere of control of WeeonD such as, by way of example but not limited to, breakdowns or interruptions to telephone or power lines, to the Internet and/or in any case to other means of transmission, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties;
incorrect or unsuitable use of the Application by Users or third parties.
8. Links to third party sites
8.1 Links on this Site may lead to services or external websites not operated by WeeonD. No judgement or warranty is made with respect to such other services or sites and WeeonD takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service.
8.2 Some of these links may refer to third party sites or services that provide services through this Site. In these cases, the general conditions for the use of the site and for the use of the service provided by third parties will apply to the individual services, with respect to which WeeonD assumes no responsibility.
9.1 We may send you our notices in one of the following ways:
through WeeonD Services, including through a banner or pop-up window within the WeeonD Site, Your Account or elsewhere;
by email, sent to the email address provided to us by You; and/or
by any other means, including any phone number or physical address provided to us by You.
9.2 WeeonD's notices to the User shall be deemed to have been received and effective within twenty-four (24) hours after they are published or sent by any of the above methods, unless otherwise stated in the notice.
10.1 All the information and material provided on this Site is solely for illustrative purposes. It is not intended to, and does not create any business, contractual or employment relationship with WeeonD.
10.2 No waiver by either party of any article of these Terms shall be effective.
10.3 If any provision of these Terms is illegal or invalid, it shall not be deemed to form part of these Terms and this shall not affect the remaining provisions which shall continue to be valid to the fullest extent permitted by law.
11. Applicable law and jurisdiction
11.1 These Conditions and all disputes regarding execution, interpretation and validity are subject to the law of Switzerland and to the exclusive jurisdiction of the court of Zurich.
Last Modified on: September 10, 2019