Rules and Conduct
The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your use for internal business purposes. Any unauthorized use of the Service, including without limitation, any unauthorized commercial use, (including, but not limited to, unauthorized resale of the Service) is expressly prohibited.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data, code, chat, blogs, Podcasts, messages, files, or other information) using any communications service or other service available on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- imposes an unreasonable or disproportionately large load on Paatle's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Paatle or any third party; or
- harvests or collects any information from the Site; or
- impersonates any person or entity, including any employee or representative of Paatle.
- Paatle may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.
Paatle has no obligation to monitor the Service or any use thereof. However, Paatle reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.
You agree not to provide Paatle with any confidential or proprietary information that you desire or are required to keep secret.
Registration and Security
As a condition to using Services, you may be required to register with Paatle and select a password and user name (“User ID”). You shall provide Paatle with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. Subscriber may not (i) select or use as a User ID or name of another person with the intent to impersonate that person; or (ii) use as a User ID or name subject to any rights of a person other than you without appropriate authorization. Paatle reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Paatle password and User ID. You are also fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Paatle of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Paatle will not be liable for any loss or damage arising from your failure to comply with the requirements of this paragraph.
Third Party Sites
The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Paatle's control, and you acknowledge that Paatle is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Paatle or any association with its operators.
You agree that all content and materials delivered via the Service or otherwise made available by Paatle at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Paatle in a separate signed writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without separate written permission from Paatle is prohibited.
License to Paatle
By uploading, submitting or otherwise disclosing or distributing content of any kind at the Site or otherwise through the Service, you:
- grant to Paatle, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
- represent and warrant to Paatle that you own or otherwise control all rights to such content and that disclosure and use of such content by Paatle (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party; and acknowledge that the content may not be treated confidentially.
- By registering for the Service, you further grant Paatle the right to use your and your company's/organization's name, logo and trademark for reference purposes. You confirm that you are an authorized representative of the company/organization registered with Paatle and that you have the authority and power to grant Paatle the rights and licenses mentioned in this Section.
Modification of the Service
Paatle may at any time and in its sole discretion modify or discontinue, temporarily or permanently, the Service or any part thereof, with (via electronic mail or an online notification on the website) or without notice. You agree that Paatle shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
Paatle may terminate your access to all or any part of the Service at any time, with or without cause, with (via electronic mail or an online notification on the webiste) or without notice, effective immediately.
You may terminate your account at any time. If your account remains inactive for 12 months Paatle has the right to terminate your account. In case of termination, your User ID and all of the content you have entered or uploaded on your account will be deleted.
THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PAATLE, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
PAATLE (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE CONCERNING THE SUBJECT MATTER OF this agreement, regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERwise), for any (A) MATTER BEYOND ITS REASONABLE CONTROL including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. (B) LOSS OR INACCURACY of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF Paatle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN, PROVIDED, HOWEVER, THAT THIS LIMITATION OF LIABILITY IS NOT INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
You agree to defend, indemnify, and hold harmless Paatle, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of the Service. Paatle reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Paatle in asserting any available defenses.
Paatle makes no representation that the Content is appropriate for use in locations outside Switzerland, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Integration and Severability
Otherwise, you may contact Paatle at the following address:
Seefeldstrasse 281, CH-8008, Zurich Switzerland
November 30, 2012