Amazee.com is an online social collaboration and networking platform(hereinafter "Amazee Platform") that allows you to register your personal profile, set up your own projects, or participate in projects set up by other members of the Amazee community. At Amazee we aspire to provide you with the best tool possible for you to promote and pursue common goals with other members of the Amazee community and the world in general.
By accessing and using the Amazee Platform you signify that you have read our Terms of Use, including our Privacy Policy, and that you agree to them.

1. Scope

These Terms of Use are applicable to all Amazee services and products available on the Amazee Platform. All information on the services and products of Amazee on the Amazee Platform are subject to change. Visitors or Members are entitled to use the Free Services or order the Premium Services available at the time of use or placement of order.

1.2
A restricted number of features on the Amazee Platform are available to visitors of the Amazee Platform who are not registered members (hereinafter "Visitors"). Our registered members are able to access various free features and services (hereinafter "Free Services") and also have the opportunity to purchase additional services against the payment of a fee (hereinafter "Premium Services"). Registered members that are only eligible for Free Services shall be referred to as "Basic Members", registered members that have purchased Premium Services shall be referred to as "Premium Members", and both shall collectively be referred to as "Members".

1.3
Visitors acknowledge and accept these Terms and Conditions (including our Privacy Policy) by using and continuing to use our services. If you are a Visitor and you do not agree to abide by our Terms of Use, you are requested to cease any use of the Amazee Platform immediately.

1.4
When registering as a Basic Member you agree to the Terms of Use as well as our Privacy Policy upon registration by ticking the "I accept the Terms of Use" box when setting up your member account. By ticking the "I accept the Terms of Use" box you acknowledge to have read and understood our Terms of Use. When you purchase Premium Services and become a Premium Member, that procedure will be repeated. Your contract with Amazee regarding our Premium Services becomes effective as soon as you have paid the respective payment. Upon receipt of your payment, Amazee will activate the Premium Services for the duration specified in the order confirmation.

2. Amazee's rights and obligations

2.1 Amazee Platform
2.1.1
We at Amazee strive to continuously improve the Amazee Platform and to adapt it to your needs and requirements. Amazee reserves the right, however, to modify or discontinue any features of the Amazee Platform at any time without prior notification. We will notify you of such modifications or discontinuations by posting a notification on the Amazee Platform.

2.1.2
We provide the Amazee Platform including all services, applications and any information and content contained therein as is. Amazee disclaims any and all representations and warranties (express or implied) including warranties of title, fitness for a particular purpose and/or merchantability. Amazee cannot and does not guarantee or promise any specific results from the use of the Amazee Platform. Amazee does neither represent nor warrant that the information and content made available on or through the Amazee Platform (whether provided by Amazee or by its Members) is complete, accurate, reliable, current or error-free. Visitors and Members acknowledge and agree that the downloading or obtaining of information and content from the Amazee Platform occurs at their own discretion and risk.

2.1.3
Amazee renders its services over the Internet. Thus, the Amazee Platform or parts of our services may be temporarily unavailable from time to time for various reasons such as but not limited to server maintenance. Amazee does not assume any responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Amazee Platform. Amazee shall not be responsible and liable for any technical malfunction or other problems of any computer systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, including injury or damage to Visitors, Members or to any other person's computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the Amazee Platform. Subject to these Terms of Use, Amazee shall under no circumstances be held responsible or liable for any loss or damage, including any loss or damage resulting from anyone's use of the Amazee Platform or in connection therewith.
 
2.2 Member's Content and Conduct
Amazee does not pre-screen or control any material Members post, transmit or share on the Amazee Platform. Also, Amazee shall not be responsible for the conduct, whether online or offline, of any Visitor or Member of the Amazee Platform. Amazee assumes no responsibility or liability for this conduct or any Member Content; even if Amazee should choose to temporarily monitor the Amazee Platform or the conduct of Members.
In any event, Amazee reserves the right, in its sole discretion, to investigate and take appropriate action against anyone who:

1. violates any provisions regarding prohibited conduct and prohibited Member Content;
2. violates or is alleged to violate any applicable law;
3. engages in conduct which may be offensive, illegal, or which may violate the rights, harm, or threaten the safety of any person. 

Amazee's action may include, without limitation, reporting Visitors and/or Members to law enforcement authorities, terminating their membership as well as removing, refusing or moving offending Member Content from the Amazee Platform.
If a dispute or claim arises in connection with any Member Content, Amazee reserves the right to remove such Member Content until a definite resolution of conflict has been reached. Amazee is in no position to resolve such claims or disputes, and we will not referee or assist Members in such disputes.

3. Members' rights and obligations

3.1
The Amazee Platform is intended exclusively for persons who are thirteen (13) years of age or older. By using the Amazee Platform you represent and warrant that you are thirteen (13) or older and that you agree to abide to our Terms of Use.

3.2 Current and Complete Information
You agree to provide accurate, current and complete information about you as requested on our registration forms on the Amazee Platform. You agree to maintain and promptly update any and all information relevant for your use of the Amazee Platform, in particular, but without limitation to, your e-mail and billing address.

3.3 Password and Member Account Security
You agree to keep your password secure and confidential and not to disclose it to anyone. Also, you agree not to permit any third party access to your account.  You agree to notify Amazee immediately of any actual or suspected unauthorized use of your password or account or other breach of security. Such notifications may be addressed to the e-mail below.

3.4 Member Content
3.4.1 Member Content in General
At Amazee, we allow you to upload user generated content such as your Member profile, comments, recommendations, files, and to share them with Visitors and Members on the Amazee Platform.
You are solely responsible for posting, transmitting and/or sharing photos, your profile (including your name, image, and likeness), messages, notes, text, information, and other content such as project descriptions, project magazine content, etc. (hereinafter collectively "Member Content") on or through the Amazee Platform.

3.4.2 Public Projects
Subject to these Terms of Use, Members are entitled to set up their own projects or participate in Public Projects set up by other Members (hereinafter referred to as "Public Projects"). For the avoidance of doubt, Public Projects are part of the Member Content as defined in section 3.4.1.
When you initiate a Public Project, Amazee will give you administrator rights to organize and handle the Public Project. Members with administrator rights are referred to as "Project Administrators".
As Project Administrator you may:

1. choose in your own discretion whether your Public Project shall be free to join for all Members or only for those Members you award membership to;
2. set up a Public Project magazine wherein other Members are informed about the goals of the Public Project and about its progress and new developments;
3. grant administrator rights to other Members involved in that particular Public Project;
4. solicit and collect donations in connection with your Public Project;
5. close and delete a project.

Except when granting administrator rights to other Members in your Public Project, you agree to keep any data in connection with your administrator rights secure and confidential and not to disclose such information and data to anyone. Also, you agree not to permit any third party access to such information and data. You agree to notify Amazee immediately of any actual or suspected unauthorized use of your administrator rights or other breach of security.
Amazee does neither pre-screen nor approve Public Projects. Amazee is not responsible for the content of the Public Project or any action taken or transaction entered into (for example with respect to the solicitation and collection of donations) in connection with any Public Project. In particular, Amazee cannot be held responsible for the manner in which the Project Administrator and other Members of any particular Public Project organize and handle the Public Project.
Project Administrators represent and warrant that they shall only collect personal information from Members (including but not limited to any personal information contained in any Member profile) with their express authorization. They represent and warrant that they shall use such personal information only for the express purpose for which such personal information was provided by the respective Member. Project Administrators represent and warrant that they shall not share such personal information with any third party, unless with the express authorization from the person such information is related to.
Project Administrators acknowledge and agree that they are solely responsible for the solicitation, collection and use of donations in connection with the Public Project.
AMAZEE shall be entitled to enter all Public Projects in contests AMAZEE at its own discretion chooses to hold. Project Administrators may exclude their Projects from participating in such a contest by notifying AMAZEE accordingly at contest(AT)amazee.com.
Anyone may report any irregularities in connection with a Public Project to Amazee, and we will take such measures as we in our own discretion deem appropriate.
Amazee remains free at all times and in its own discretion to temporarily deactivate or delete entirely any Public Projects that are not in compliance with these Terms of Use without giving further notice.
Amazee shall be entitled to deactivate or delete entirely a Public Project that has not been actively administered for a period of twelve (12) consecutive months. Before deactivating/deleting a Public Project, Amazee shall give notice to all Project Administrators by e-mail (as specified in his/her user profile) and shall grant the Project Administrators a ten (10) day grace period to reactivate the project. If the Public Project is not reactivated by one of the Project Members within that 10 day grace period, Amazee shall be entitled to deactivate or delete the Public Project with immediate effect and without giving further notice to other Project Members.
Upon termination of a project by the Project Administrator, Amazee is entitled to delete the Project with immediate effect and without giving further notice to other Project members of that particular project.
In case that there is more than one Project Administrator assigned to a particular Public Project, and one of the Project Administrators asks for termination of the project, the other Project Administrators are asked for their consent/refusal to the termination. Silence will be construed as consent to the termination. In the event that all Project Administrators give their consent to the termination, the Project is deleted with immediate effect and without giving further notice to other Project Members. If one or more of the Project Administrators refuse to give their consent for termination, the Project will remain active. In such event, the Project Administrators who asked for termination or agreed to the termination of the project lose their project membership with immediate effect.

3.4.3 Private Projects
Subject to these Terms of Use and upon payment of a Premium Service fee, Premium Members are entitled to set up and run private projects or participate in private projects upon invitation by a Project Administrator. "Private Projects" can be kept entirely private, i.e. the content of the Private Project can be made available only to its designated members and can be kept unavailable to other Amazee members or visitors of the Amazee Platform.
For the avoidance of doubt, Private Projects are part of the Member Content as defined in section 3.4.1. The regulations regarding Public Projects in section 3.4.2 also apply fully to Private Projects, except as otherwise stated in this section. The membership in Private Projects is deleted immediately and entirely upon termination of the premium membership with Amazee. (see also section 1.2) In the event that a Private Project has more than one member but only one Project Administrator, and the Project Administrator decides to terminate his/her premium membership the following applies: Before deactivating/deleting the Private Project, Amazee shall give notice to the terminating Project Administrator by e-mail (as specified in his/her user profile) and shall grant the Project Administrator a ten (10) day grace period to nominate at least on other Premium Member to become the Project Administrator. If no other Premium Member is given the Project Administrator rights within that ten (10) day grace period, Amazee shall be entitled to deactivate or delete the Private Project with immediate effect and without giving further notice to other Project Members.
A Project Administrator is, at his/her own discretion, entitled to decide which parts of the Private Project remain private (i.e. only visible to members of the Private Project) and which become public (i.e. visible to all Amazee members and visitors). A Private Project may be kept entirely private or may be made partially (e.g. only the project magazine) or fully public. Content that is designated as non public in a Private Project is exempt from the limited license as set forth in section 4. Once Private Project content is designated as public, Amazee is entitled to use this public content as set forth in the limited license provision in section 4, even if such content should at a later stage be re-designated as private by the Project Administrator.  

3.4.4 Backup Copies
You are solely responsible, at your own cost and expense, for creating backup copies of any Member Content you post or store on the Amazee Platform or any other data that you submit to Amazee in any other form.
Upon termination of your membership, Amazee is entitled to delete your Member Content with immediate effect and without giving further notice.

3.5 Standards of Conduct
You acknowledge that the Amazee Platform is available for your personal, non-commercial use only. You represent and warrant that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on the Amazee Platform will violate or infringe upon the rights of any third party, or contain libelous, defamatory or otherwise unlawful material.

You agree, in particular, not to use the Amazee Platform for the following activities:

1. Harvest or collect email addresses or other contact information of others from the Amazee Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
2. Use automated scripts to collect information from or otherwise interact with the Amazee Platform;
3. Use the Amazee Platform and its services in any unlawful manner;
4. Upload, post, transmit, share, store or otherwise make available:

• any content that we at our own discretion deem to be harmful, threatening, defamatory, infringing, abusive, harassing, obscene, fraudulent, invasive of privacy or publicity rights, or racially, ethnically or otherwise objectionable or unlawful;
• any private information of any third party, including but not limited to, addresses, phone numbers, email addresses, and credit card numbers;
• software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters and the like;
• content that would constitute, invite others to or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any national or international law.

1. Register for a Member account on behalf of an individual other than yourself or impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
2. Solicit passwords or personally identifying information for commercial or unlawful purposes.

3.6 Interaction with Other Amazee Members
You are solely responsible for your interactions with other Amazee Members. We reserve the right, but have no obligation, to monitor such disputes between Amazee Members and we reserve the right to take such measures as we in our own discretion deem reasonable and appropriate, including the suspension or termination of the membership of one or all Members involved in such dispute.

4. Limited License for Member Content

4.1
By posting Member Content on the Amazee Platform, you explicitly authorize us to make copies of the Member Content as we in our sole discretion deem necessary to facilitate the posting and storage of the Member Content on the Amazee Platform.

4.2
Furthermore, by posting Member Content to any part of the Amazee Platform, you automatically grant Amazee a free, unlimited, irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose (currently known or unknown), commercial, or otherwise, on or in connection with the Amazee Platform or the promotion thereof.

4.3
You may remove your Member Content from the Amazee Platform at any time. When you remove your Member Content, the license granted above will automatically expire. You acknowledge, however, that Amazee may retain archived copies of your Member Content and that the license granted above will continue to be valid for such archived Member Content.

4.4
You represent and warrant that you have the right to grant this license and you agree to hold Amazee harmless from any claims as set forth in section 5.

5. Proprietary Rights In Company's And Third-Party Content And Technology

5.1 Amazee's Ownership of Proprietary Rights
The Amazee Platform contains content and technology of Amazee that may be protected by copyright, trademark, patent, trade secret and other laws (hereinafter "Amazee Content"). You acknowledge and agree that except for the limited license granted hereunder, all right, title and interest to the Amazee Platform and the Amazee Content contained therein remains with Amazee or third parties. All software used on this site is the property of Amazee or its software licensors and is protected by Swiss and international copyright laws.

5.2 Limited License of Company Content to Members
Subject to these Terms of Use, Amazee hereby grants you a limited, revocable, non-sublicensable license to display Amazee Content solely for your personal use in connection with your use of the Amazee Platform.

6. Amazee's Liability

To the extent permissible by law, Amazee excludes any and all liability for any damages incurred in connection with the use of the Amazee Platform. In any event, Amazee's liability shall be limited to the amount paid (if any) for the services rendered by Amazee during the term of use or membership.

7. Member's Liability

You are solely responsible for any Member Content you post, transmit and/or share on or through the Amazee Platform as well as for your interaction with other Members.
You agree to indemnify and hold Amazee and its subsidiaries and affiliates as well as each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with:

1. any Member Content you post, transmit or share on or through the Amazee Platform and any other form of use of our services;
2. your conduct in connection with your use of the Amazee Platform or in connection with your interaction with other Members;
3. any violation of these Terms of Use (including the Privacy Policy), of any law or of the rights of any third party.

8. Termination of Membership

8.1 Free Services
Amazee may terminate your membership, delete your profile and any content or information that you have posted on the Amazee Platform and/or prohibit you from using or accessing the Amazee Platform (or any portion, aspect or feature thereof) for any reason, or no reason, at any time in its sole discretion, with or without notice.

8.2 Premium Services
When you sign up as a Premium Member, your Premium membership shall last for the term specified on our Amazee Platform at the time of purchase of the Premium Services. Amazee is entitled to terminate your Premium membership with immediate effect if you are in breach of these Terms of Use. You shall not be entitled to a refund of any unused portion of your payment for the Premium Services.

9. Modifications

9.1
Amazee reserves the right to suspend, discontinue or replace any and all services that are part of the Free Services of Amazee. Also, Amazee reserves the right to change any Free Services into Premium Services and charge a fee for any future use of these services.

9.2
Amazee may modify these Terms of Use from time to time at its own discretion.  You agree that such modification shall be effective upon posting on the Amazee Platform and that you will be bound to any changes when you use the Amazee Platform after such modification is posted. You are therefore required to review these Terms of Use regularly to ensure you are updated regarding any changes.

9.3
If the modification constitutes a material change with respect to Premium Services, we shall notify you via e-mail to the address provided in your Member profile. Notice will be considered to have been delivered once sent or posted. Any use of the Amazee Platform after the modification of the Terms of Use will constitute acceptance by you of such changes. Should you not agree with the modified Terms of Use, your sole remedy shall be to deactivate your Member account and/or to cease use of the Amazee Platform. Premium Members will receive a prorated reimbursement of any unused portion of their payment made for the Premium Services.

10. Links

The Amazee Platform may contain links to other web sites. We do not monitor or check such linked web sites for accuracy, appropriateness, or completeness, and we cannot be held responsible for any web sites accessed through the Amazee Platform. Links to web sites can under no circumstances be construed as an implied approval or endorsement of these web sites by Amazee.
You access any linked web site solely at your own risk and you should be aware that these web sites are governed by their own terms of use and privacy policies. We recommend you review the applicable terms and policies upon accessing the linked web site.

11. Miscellaneous

11.1 Severability and Waiver
If any provision of these Terms of Use shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect. The respective provisions shall be replace with a provision that closest reflects the intentions contained in the provision held invalid, illegal or unenforceable.
The failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.

11.2 Survival
Unless otherwise explicitly stated, these Terms of Use will survive the expiration or deactivation of your Member account for whatever reason. Amazee may assign any or all of its rights hereunder in the event of a merger or acquisition of all or substantially all of the assets to which these Terms of Use relate.

11.3 Applicable Law and Venue
By visiting or using the Amazee Platform, you agree that the substantive laws of Switzerland, to the exclusion of the principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Amazee or any of our subsidiaries and/or affiliates.
You hereby explicitly consent to the venue and jurisdiction in the ordinary courts at the domicile of Amazee. Amazee may, alternatively bring forth any claims against you in the ordinary courts at your registered domicile.


Amazee AG
Zürich, February 2008
Version 2008/1.0