By accessing “www.cuuks.com” (hereinafter “we”, “us”, “our”, "CUUKS"), you agree that the following Terms of Service constitute a legally binding agreement between you (hereinafter “USER” or "you") and Jonas Frei & Stefan Pauwels (hereinafter “CUUKS") in relation to your use of the CUUKS Internet platform and any services that CUUKS provides through its Website (hereinafter “Services”). You represent and warrant to CUUKS that you have read and understood the Terms of Service, and that you have the legal capacity to enter into this Agreement.
- You must provide a valid email address and correct legal personal information requested in the signup process. Accounts registered by automated methods are not permitted. You are responsible for maintaining the security of your account and password.
- You are solely responsible for your conduct and any data, text, information, recipes, usernames, profiles, graphics, photos, video, links, composition description, photograph, image, comments, feedback, suggestions, ideas, notes, drawings, concepts and other information, content or material, or other item (hereinafter "Content") that you upload, post, e-mail, transmit or otherwise make available through CUUKS’ Website or Services. By posting or submitting Content to CUUKS, you are representing that you are the owner of said material, or are making your submission or posting with the express consent of the owner of said material.
- Any and all Content that USER uploads, stores, transmits or submits to CUUKS are generated by the USER (and other registered users of CUUKS’ Website), but not by CUUKS. USER’s Content therefore remains in USER’s sole property and responsibility. CUUKS does not claim any ownership rights in Content which USER posts, stores or exchanges through CUUKS Website and Services.
- You acknowledge that Content uploaded to, or transmitted through CUUKS’ Website or Services may be protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. You must not upload, display, send, transmit or otherwise make available any Content in which you do not have the appropriate rights to do so. Unauthorized copying, distribution, modification, display, public performance or other unauthorized use of copyrighted works by USER may constitute an infringement of the copyright holders' rights and may result in civil litigation and criminal prosecution.
- The USER hereby grants CUUKS and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, fully paid up, license to use, copy, transmit or otherwise distribute, publicly perform, digitally perform, publicly display, distribute, stream, download and/or otherwise make USER’s Content available to other users of Website and Services.
- CUUKS’ Website and Services may contain features and functionalities that may link USER to, or provide USER with certain functionalities and access to, third party websites, applications, products or services (hereinafter “External Websites”). CUUKS is not responsible for their content or their use. By linking to an External Website, CUUKS does not represent or imply that it endorses such website and its content contained therein. USER is solely responsible for his/her dealings with any third party related to the External Website, including the delivery of and payment for goods and services. USER irrevocably waives any claim against CUUKS with respect to such sites and third-party content.
- You must not, in the use of this service, violate any laws in your jurisdiction (including but not limited to copyright laws). International users agree to comply with all local laws regarding online conduct and acceptable content.
- We don't guarantee for uptime or backups. We are not responsible for lost data.
- We reserve the right to modify or terminate CUUKS for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to alter these Terms of Use at any time. The date of last modification is noted at the end of the Terms of Service. We’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of CUUKS after changes mean you agree to be legally bound by these terms as they are updated and/or amended. If the alterations constitute a "material change" to the Terms of Use, we will notify you via email. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
- Severability Clause: Should one ore more provision of the present Terms of Service be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and enforceability of the remaining provisions of the Terms of Service; the remainder of the Terms of Service will thus remain in full force and effect.
- The legal relationship between CUUKS and USER shall be subject to the laws of Switzerland excluding the principles of conflict of laws (international private law). CUUKS and the USER agree to submit to the exclusive jurisdiction of the courts of Switzerland for resolution of any dispute, action or proceeding arising in connection with these Terms of Service and CUUKS' Website and Services.
Date: August 27th, 2009