iVisionR.com & "CIT2ADM" application for Pedestrians
Effective Date: June 1st 2015
A. On Mobile CIT2ADM Application: any of the list here-after, running under Android application (soon, under IOS), By clicking on « Accept », you confirm that:
2. Your use of this application is at your sole risk and responsibility. Therefore, GPS location and other data may not be accurate.
3. You agree to use the Application solely in accordance with any applicable law in your country or any other country you enable the use, including all laws and regulation governing privacy, politics, transportation.
4. We have neither control nor responsibility for the online connection required to use the Application in any way, nor control over or responsibility for any disruption, failure or breakdown of such online connection.
5. The Application is distributed without any warranty, and only in the hope it will be useful. For more details, see the Terms of Service.
6. You, hereby confirm that you own exclusive rights to any data and/or information and /or content which you provide to Us through the Application (collectively “the content”), and may license such rights to Us.
You keep all title and rights to the content, but you grant Us a Worldwide, free, non-exclusive, irrevocable, transferrable and perpetual license to use, copy, distribute,
create derivate works of, publicly display, publicly perform, sub-license and exploit in any other manner the content. Subject to the aforementioned, we and Our Licensors keep all title and rights to the Application’s database, which you may access/use for non-commercial and private purpose only, such as Neighboring’s information.
7. Neither we nor Any of our Shareholders, directors, Employees, Advisors, Services providers (including anyone on behalf of any of them) shall be liable to you and/or to any third party for any reason whatsoever, as a result of usage of the Application. You, hereby irrevocably release all of the above from any liability of any kind, for any consequences arising out of any use of the Application, including without any limitation to any loss of profit, damage including without any limitation for any loss of profit, damage to reputation, fee, expense, and any kind of damage (whether direct or indirect and/or financial or non-financial).
B. On iVisionR.com Website, you confirm that:
1. INTELLECTUAL PROPERTY
a. The Site contains an engine that gathers Open user reports submitted into a database. Users can also vote on reports and submit comments. We are not affiliated with the authors of the reports and we do not vouch for the content of the reports for accuracy and truth. Inclusion of any comment, articles into our database does not constitute our endorsement of the content of the comment or articles of their authors, and does not constitute any endorsement of us of the authors.
b. You may only use the Site for your own personal non-commercial purposes. “eVisionR” does not claim ownership of the reports or articles that appear on the Site. You acknowledge that eVisionR is the sole owner of all other Site content, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos and other material appearing on the Site. The Site and its content are protected by the copyright laws and other intellectual property laws of France, and are protected globally by applicable international treaties.
c. You must maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Site content for any other purpose without our prior written approval. You are not allowed to create a database in electronic or paper form comprising all or part
of the material appearing on the Site, without prior express written authorization of eVisionR Sarl.
2. YOUR OBLIGATIONS
By using this Site, you represent, warrant and agree that:
a. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site. Submission of untruthful product reviews, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion.
b. Our Site may contain typographical errors or other inaccuracies.
c. Our Site content may not be copied for republication, either online or on paper, without the prior express written permission from eVisionR Sarl.
d. You will not submit unsolicited bulk or commercial messages ("spam") to our Site.
e. You will not access our Site in order to gain a competitive advantage.
f. All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms of Service.
g. You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
h. We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
3. REMEDIES FOR BREACH OF THESE TERMS
a. We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Service, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms of Service or available under equity or law.
b. Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content posted on our Site.
4. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a. YOUR USE OF THE SITE ON THE CONTENT PRESENTED ARE AT YOUR OWN RISK. ALL SITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE SITE OR CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY INFORMATION OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, EMOTIONAL DISTRESS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
b. SOME LAWS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS ABOVE WILL APPLY TO THE GREATEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in connection with (i) any content you submit to us, including without limitation, articles, links to articles, comments, posts, and images (ii) your breach of these Terms, any law or regulation, and (iii) your
infringement of any intellectual property or privacy right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between you and us.
6. GOVERNING LAW
The Site is owned and operated by eVisionR Sarl from its offices in France. These Terms shall be governed by, and construed in accordance with, French law and the parties irrevocably agree that the courts of Paris shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the French courts. French language will be therefore applicable with any jurisdiction taking place in Paris, France and Terms of Service, Copyrights and Privacy will be translated for that purpose.
a. Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
b. Hyperlinks. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We have no control over search functions that automatically reference the Site and information located worldwide throughout the Internet. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Service, at our sole discretion, without obtaining your consent.
c. Severability. Should any part of these Terms of Service be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Service should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
d. No Waiver. Enforcement of these Terms of Service is solely in our discretion, and failure to enforce the Terms of Service in some instances does not constitute a waiver of our right to enforce them in other instances.
e. Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
8. CONTACT US
Please direct your questions, comments or concerns to: firstname.lastname@example.org