issue 246
Saturday, 04 September 2010
priceless

Terms and Conditions

YOUR ACCEPTANCE

A. By using and/or visiting this website (collectively, including all content and functionality available through the Leavethecompany.com domain name, the "Leavethecompany Website", (or "Website"), you signify your agreement to these (1) Terms and Conditions ("Terms of Service") and (2) Leavethecompany’s Privacy Policy. These Terms and Conditions apply to all users of the Website. If you do not agree to any of these terms or the Leavethecompany privacy notice, please do not use the Leavethecompany Website. Leavethecompany website is owned by Meandson Sarl, Case Postale 283, 1213 Petit-Lancy, Switzerland.

B. Although we may attempt to notify you when major changes are made to these Terms of Service you should periodically review the most up-to-date version. Leavethecompany may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

LINKS

The Leavethecompany Website may contain links to third party websites that are not owned or controlled by Leavethecompany. Leavethecompany has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Leavethecompany will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Leavethecompany from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Leavethecompany Website and to read the terms and conditions and privacy policy of each other website that you visit.

WEBSITE ACCESS

A. Leavethecompany hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, non-commercial use; (ii) you will not copy, distribute or modify any part of the Website without Leavethecompany's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions.

B. In order to access the video uploading section of the Website, you will have to provide your email address. When completing your personal details to upload a video you must provide accurate and complete information. You are solely responsible for the access to the video uploading section provided to you via email. You must notify Leavethecompany immediately of any unauthorized use of the access to the video uploading section you received. You will be liable for any use made of the link to the video uploading section you received via email and the losses of Leavethecompany or others due to such unauthorized use. Leavethecompany will not be liable for your losses caused by any unauthorized use of the link to video uploading section you received.  

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the Leavethecompany servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Leavethecompany grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Leavethecompany reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including e-mail addresses, from the Website.

D. You agree that you yourself and at your own expense will acquire the technical prerequisites (e.g. internet access) needed for your use of the website.

E. Leavethecompany has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Meandson Sarl. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without Leavethecompany's prior written consent. Leavethecompany reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

USER SUBMISSIONS

A. The Website facilitates the submission of videos or other Content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Leavethecompany does not guarantee any confidentiality with respect to any User Submissions. Leavethecompany has complete discretion whether to accept or reject your User Submission.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize Leavethecompany to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms & Conditions; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms & Conditions.

C. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Leavethecompany, you hereby grant Leavethecompany, in addition to any other rights which it has pursuant to any other program established by Leavethecompany, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and Leavethecompany's (and its successor's) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). You may notify Leavethecompany to remove your User Submission from the Website, and Leavethecompany will do so within a reasonable time period, at which point the foregoing license to Leavethecompany will terminate.

D. You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.

E. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant Leavethecompany all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Leavethecompany or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. Leavethecompany does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Leavethecompany expressly disclaims any and all liability in connection with User Submissions.

F. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Leavethecompany is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Leavethecompany with respect thereto, and agree to indemnify and hold Leavethecompany, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).

COPYRIGHT AND CONTENT POLICY

Leavethecompany respects the intellectual property rights of others, and requests you to do the same. Leavethecompany does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Leavethecompany will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Leavethecompany reserves the right to remove Content without prior notice. Leavethecompany will also terminate a User's access to the Website, if they are determined to be a repeat infringer. Leavethecompany may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LEAVETHECOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LEAVETHECOMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. LEAVETHECOMPANY DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND LEAVETHECOMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL LEAVETHECOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEAVETHECOMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT LEAVETHECOMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

INDEMNITY

You agree to defend, indemnify and hold harmless Leavethecompany, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.

ABILITY TO ACCEPT TERMS AND CONDITIONS

You affirm that you are more than 18 years to enter into these Terms & Conditions, and to comply with these Terms of Use.

ASSIGNMENT

These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Leavethecompany without restriction.

GENERAL

You agree that: (i) the Website shall be deemed solely based in Petit-Lancy, Canton of Geneva, Switzerland; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Leavethecompany, either specific or general, in jurisdictions other than the Canton of Geneva. These Terms & Conditions shall be governed by the internal substantive laws of the Canton of Geneva, without respect to its conflict of laws principles. Any claim or dispute between you and Leavethecompany that arises in whole or in part from the Website or these Terms & Conditions shall be decided exclusively by a federal or Cantonal court of competent jurisdiction located in Canton of Geneva, Switzerland. Only Swiss law is applicable.

If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Leavethecompany reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND LEAVETHECOMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LEAVETHECOMPANY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

PRIVACY POLICY

The use of the Leavethecompany website (the "Website") provided by Meandson Sarl are subject to the provisions of this Privacy Policy, including any amendments or updates hereto. This Privacy Policy is incorporated into and is subject to the Leavethecompany Terms and Conditions. If you do not agree to this Privacy Policy, please do not use the Website.

General. We gather certain types of information about our users and we want to help you understand the terms related to the collection and use of the information which we collect. This Privacy Policy discloses the types of information we gather, how we use it, and what choices you have regarding the collection of such information.

BY USING, ACCESSING OR DOWNLOADING THE WEBSITE, YOU AGREE TO THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION (AS HEREUNDER DESCRIBED), ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET HEREUNDER. Leavethecompany reserves the right to amend this Privacy Policy at any time and without notice, and it is your responsibility to review this Privacy Policy for any changes. Your use of the Website following any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms.

If you are under the age of 18, you are not eligible to use the Website, and we ask you not to submit any personal information to us.

Please note that any video, image, or other content posted at the direction of users onto the Leavethecompany website becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

Collection of Personal Information. Use of certain features (uploading the video) of the Website may require submission of certain personal information, including your first and last name, city, country and email address.

Leavethecompany may also collect or receive (in some cases as part of the internet communication protocol) certain non-personally identifiable technical information, when the Website and pages are visited or when a Leavethecompany client is used.

The information is used to operate and improve the features, offerings and content presented to you by Leavethecompany, to personalize the content and advertisements provided to you; to fulfill your requests for products, programs, and services; to communicate with you and respond to your inquiries; to conduct research about your use of the Website; and to help offer you other products, programs, or services that may be of interest.

Notwithstanding the foregoing, your information may be accessed and disclosed if and as required by legal procedures, as determined by Leavethecompany in good faith. Furthermore, Leavethecompany may transfer personally identifiable information in the event of a transfer of ownership of Leavethecompany or any of its websites or products, in which case the information could become subject to a different privacy policy.

Cookies. Leavethecompany may use cookies or similar technologies to enhance and personalize your experience of the Website, including to operate and improve offerings through the Website; to help authenticate your identity when you visit and transact with the Website; to remember your preferences and registration information; to present and help measure and research the effectiveness of the various offerings, advertisements, and e-mail communications (by determining which e-mails you open and act upon); and to customize the content and advertisements provided to you.

Leavethecompany does not require that you accept cookies, and you may disable cookies at any time. However, some functionality of our Website may be impaired if you decline to accept cookies.

Third Party Ad Servers. Leavethecompany or its advertisers may use other companies known as third party ad servers to help present advertisements online in connection with the Website. These third party ad servers may use cookies or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies, not Leavethecompany's.

Deletion of Personally Identifiable Information. In order to delete the personally identifiable information you submitted, notify us at support@leavethecompany.com that you wish to delete your personally identifiable information or any part thereof contained at our databases.

Please note that deletion of your personally identifiable information from Leavethecompany's database will not prevent Leavethecompany from using gathered anonymous information.

Third Parties' Practices. This Privacy Policy does not cover the information practices exercised by other providers of products or services, advertisers or other web sites, or companies/people that Leavethecompany does not own or control, or does not employ or manage.

Last updated: 25th January 2008.