The following terms and conditions is an agreement between you or the entity that you represent (hereinafter “You” or “Your”) and Blueleaf Sàrl (hereinafter “Blueleaf”) governing your use of the diBoks services.
Blueleaf Sàrl is located at:
Route de Vevey 42, 1009 Pully, Switzerland
By using the diBoks services, visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Blueleaf reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service.
You agree that Blueleaf owns all legal rights in the Service. You must not remove, modify or obscure any legal notices. You are not entitled to use diBoks trademarks, brands, domain names, or other distinctive brand features.
These Terms of Service constitute the entire agreement between you and Blueleaf und replace all previous agreements under this title. There are no verbal subsidiary agreements.
Violation of any of the terms below can result in the termination of your user-account or access to the Service. Violation of any of the terms will also terminate your usage rights of the Service. If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service, and your relationship with Blueleaf under these Terms of Service, shall be governed by the laws of Switzerland. You and Blueleaf agree to submit to the exclusive jurisdiction of the courts located in Switzerland, to resolve any legal matter arising from the Terms of Service.
Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. Blueleaf does not warrant that a) the Services will meet your requirements or expectations, b) the Services will be delivered uninterrupted, timely, secure, or error-free, c) the results that may be obtained from the use of the Services will be accurate or reliable, d) any errors in the Services will be corrected. You understand and agree that Blueleaf shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from: a) the use or the inability to use the Services; b) any changes which Blueleaf may make to the Services, or any permanent or temporary cessation in the provision of the Services; c) unauthorized access to or alteration of your transmissions or data; d) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; e) or any other matter relating to the Services. Technical support is provided on a best-effort basis and only by e-mail. You understand that Blueleaf can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Services. Blueleaf may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at Blueleaf’s sole discretion. Any new, changed, or removed features are subject to the Terms of Service. Continued use of the Services after any such changes constitute your consent to the changes.
You agree that blueleaf shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the diBoks service.
If you are using the free offer, you agree that Blueleaf may place advertisements on the diBoks services and you must not block such advertising.
You agree to use the diBoks services only for purposes that are permitted by a) the Terms of Service and b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
If you sign up for a user account, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Blueleaf has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Blueleaf may terminate your user account and refuse current or future use of any or all of the Services.
For certain services, Blueleaf may offer to define a personal URL (web address). You understand that Blueleaf can rename or reject your personal URL, e.g., if you intentionally or unintentionally interfere with a trademark owner or because your personal URL is deemed offensive. For certain services you can also adjust the diBoks design. You are responsible to not use an abusive design, to not infringe on any copyrights or trademarks, and to not use a design which other users may deem offensive. Blueleaf reserves the right to temporarily or permanently suspend user-account immediately if any of these terms are violated. Blueleaf determines violation at its sole discretion.
You agree that you will not impersonate another person. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by Blueleaf. Blueleaf reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or user-account from any of the Services at Blueleaf’s sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
All paying offers are billed in advance and are non-refundable. There will be no refunds also in the following explicit cases: unavailability of services, downgrade, unused services, or when the functionality of services is changed. A user-account is needed for a paying offer. All communication will be directed to the e-mail address associated with that user-account. You are responsible to keep your user-account information up-to-date. You are not allowed to share your user-account with others.
Prices of all Services are subject to change. If they change, the changes do not affect running subscriptions but will take effect only for any subsequent subscription period you choose to purchase. Blueleaf is not liable to you or to any third party for any price change.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
The Service may include certain communications from Blueleaf, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Service. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of use of the Service, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you.
In addition to all other terms and conditions of this Agreement, you shall not: a) transfer the diBoks services or otherwise make it available to any third party; b) provide any service based on the diBoks services without prior written permission; c) use the third party links to sites without agreeing to their website terms & conditions; d) post links to third party sites or use their logo, company name, etc. without their prior written permission; e) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; f) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Blueleaf; g) violate any applicable local, state, national or international law; and h) create a false identity to mislead any person as to the identity or origin of any communication.
You agree to be solely responsible for the contents of your transmissions through the Service. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Service for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Service if there are reasonable grounds to believe that you have used the Service for any illegal or unauthorized activity.
You agree to indemnify and hold harmless Blueleaf, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Blueleaf.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.
February 2 2018