Terms & Condition
1. Use of Flyer-Wall
You may use our products only if you can form a binding contract with Flyer-Wall, and only in compliance with these terms and all applicable laws.
When you create your Flyer-Wall account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 14 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these terms and bind the entity to these terms, and that you agree to these terms on the entity’s behalf. Some of our products may be software that is downloaded to your computer, phone, tablet, or other device.
You agree that we may automatically upgrade those products, and these Terms will apply to such upgrades.
2. Your Content
a. Posting content
Flyer-Wall allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Flyer-Wall.
b. How Flyer-Wall and other users can use your content
You grant Flyer-wall and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content (Pictures, Flyers, Informations, Links, etc.) on Flyer-Wall solely for the purposes of operating, developing, providing, and using the Flyer-Wall Products. Nothing in these terms shall restrict other legal rights Flyer-Wall interest may have to User Content, for example under other licenses.
We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these terms or our policies.
c. Feedback you provide
If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
3. Copyright Policy
Flyer-Wall respects the intellectual property rights of others and expects its users to do the same. It is Flyer-Wall´s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
We care about the security of our users. While we work to protect the security of your content and account, Flyer-Wall cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Flyer-Wall. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Flyer-Wall, you do so at your own risk and you agree that Flyer-Wall will have no liability arising from your use of or access to any third-party website, service, or content.
6. Membership Account
You acknowledge and agree that you are to keep confidential the Membership Name and Membership Account provided by Flyer-Wall to you, and the Membership Password selected by you and approved by Flyer-Wall for use with such Membership Name and Membership Account. Your Membership Name, Membership Account and Membership Password are personal to you and may not be shared with, or transferred to, any other person or entity.
You acknowledge and agree that you will be solely responsible for each and every use of your Membership Account, Membership Name and Corresponding Password, and that Flyer-Wall may rely on the use of your Membership Account, Membership Name or Membership Password as conclusive evidence that you have used the Website.
You agree that you shall not use the Website in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.
You shall not upload or post onto the Website, or use the Website to transfer, any Work or other material or content that is covered or protected by copyright, trademark or other intellectual property rights unless you own or control such rights or have received all necessary consents. Flyer-Wall does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Flyer-Wall will remove all Works if properly notified that such Work infringes on another’s intellectual property rights. Flyer-Wall reserves the right to remove Works without prior notice. Flyer-Wall will terminate a user’s access to its Website if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice.
You shall not upload or post onto the Website, or use the Website to transfer, any Work or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.
You shall not upload or post onto the Website, or use the Website to transfer, any Work or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not to attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website, or obtain any services or information not intentionally made available to you by Flyer-Wall on or through the Website. You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person’s or entity’s use, of the Website. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website, including, without limitation, with respect to the origin or source of any Work or other material or content that you upload or any identifying information for your Membership Account.
Flyer-Wall reserves the right to decide whether any Work is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Flyer-Wall may remove any such Work and/or terminate a user’s access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
8. Representations and Warranties
In addition to the representations and warranties you have made above, each of Flyer-Wall and you hereby represent and warrant that it, or he or she, has the right to enter into this Agreement.
You agree to indemnify, defend and hold harmless Flyer-Wall and its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors (collectively, “Indemnitees”) from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Website (including any uses under your Membership Account or Membership Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light”, right of publicity or blurring or distortion or alteration of any Work or other material or content whether or not intentional. Flyer-Wall shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with Flyer-Wall in the defense of any such claim, action or matter.
10. Limitations and Disclaimer
You agree that neither Flyer-Wall nor its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website, even if such parties have been advised, or advised of the possibility, of such damages.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR CLARIFICATION PURPOSES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, FLYER-WALL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WWW.FLYER-WALL.COM WEBSITE OR THE SERVICES ON THE WWW.FLYER-WALL.COM WEBSITE, OR ANY WORKS OR OTHER MATERIALS OR CONTENT AVAILABLE ON THE WWW.FLYER-WALL.COM WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ANY SERVICES, OR ANY WORKS OR OTHER MATERIALS OR CONTENT, FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES.
Flyer-Wall shall have no responsibility for any Works or other material or content uploaded or posted onto the Website, including, without limitation any material or content uploaded or posted by any Member onto the Website in any forum or as any comment to a web log.
11. Term and Termination
This Agreement shall continue in perpetuity unless terminated in accordance with this Section 12. Flyer-Wall at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Website. You may at any time terminate this Agreement by logging into your Membership Account on the Website and then sending a termination request to Flyer-Wall. In the event termination is by Flyer-Wall, Flyer-Wall shall notify you of such termination. Flyer-Wall reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, deactivating your Membership Name and Membership Password.
12. Governing Law and Jurisdiction
These Terms shall be governed by the laws of Switzerland, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Switzerland Kanton TG for any actions.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Flyer-Wall’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Switzerland, July 2914