irewind

Terms of use

 

TERMS OF USE

 

GENERAL

These terms of use(the Terms) specified the terms and conditions under which iRewind Ltd, a Swiss stock corporation ( iRewind , we, us or our ) allows you to access, download and otherwise use its website (url:www.irewind.com or any website operated by iRewind), its mobile app and any app, services and documentation made available by iRewind (together, the Service.

By browsing, accessing or using the Service, you expressly agree to be bound by these Terms.

GRANT OF LICENSE

Subject to the terms and conditions hereof, iRewind grants you a non-exclusive, non-transferable, non-assignable, limited license to install and use the Service (the Licence.

 

GENERAL TERMS OF USE

1.    You must be at least 13 years old to use the Service.

 

ACCOUNT, PASSWORD AND USERNAME

2.    You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights.

3.    You agree that you will not create an account for anyone other than yourself and will not connect to any account of any other iRewind's users.

4.    You represent that all information you provide or provided to iRewind upon registration and at all other times will be true , accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

5.    You are responsible for keeping your password secret and secure .

6.    You must not use domain names or web URLs in your username without the prior written consent from iRewind.

7.     We reserve the right to force forfeiture of any username for any reason.

 

YOUR USE OF THE SERVICE

8.     Your use of the Service must be lawful . You agree not to use the Service in any way that violates any applicable federal, state, local, or international law or regulation. The form and content of movies, pictures, sounds, text or other material that you transmit or create from the Service is governed by applicable laws (such as, those prohibiting pornography, copyright infringement, or invasion of privacy). You may in particular not use the Service to transmit to any third parties any pictures, text, video, streaming video or other material that is unlawful, whether a violation of civil rights (such as libel) or criminal law (such as obscenity), or that fosters hatred of any race, religion, ethnicity, age-group, gender or sexuality.

9.You may use the Service only for your private personal use and not for commercial purposes. You may not sell, transfer, license or assign any of the Content created through the Serivce, without iRewind's prior consent.

10. You are solely responsible for your conduct and any [data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials] (collectively, Content. ) that you create, submit, post, display, edit or share on, via or from the Service.

11. You understand and agree that iRewind cannot and will not be responsible for the Content. posted on or created through the Service and you use the Service at your own risk. If you violate any terms and conditions of these Terms, or otherwise create risk or possible legal exposure for iRewind, we can and generally will stop providing at any time all or part of the Service to you, without prejudice to any available remedies.

12. You agree that iRewind is not responsible or liable for the conduct of any user. iRewind reserves the right, but has no obligation, to monitor or become involved in disputes between you and any other users or any third parties relating to the Service. You agree that iRewind is not responsible for, and does not endorse, Content posted within the Service. iRewind does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms, you may – among other things – bear legal responsibility for that Content.

13. We may, but have no obligation to, edit and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms (including the privacy rights of others). iRewind further reserves the right to remove and/or block any Content from the Service without notice and for any reason.

14. If any third parties appear on a video you shoot with our System (the Persons Affected ), you are not authorized to transmit, share or otherwise use such video without the consent of such Persons Affected. As a general rule, iRewind uses its best efforts to procure that all persons who may be filmed by iRewind's cameras are duly informed and agree with the use of their image encaptured through our System, provided that this use complies with our privacy policy (available here: [www.irewind.com/privacy]) (the Policy ). If any Person Affected asks us to access, modify, update, cease to process or delete any video on which he/she appears, you must fully and without delay cooperate with us in, and provide to us the necessary services for, fulfiling such requests or inquiries. You shall further use your best efforts to cause the persons to whom you have shared or transmitted this video to do the same.

15. Although it is iRewind's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, iRewind reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by iRewind, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, iRewind encourages you to maintain your own backup of your Content. In other words, iRewind is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. iRewind will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content . You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

16. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any iRewind page is rendered or displayed in a user's browser or device.

17. Unless expressly authorized by iRewind, you must not (i) copy the Service (or any part of the Service) or alter another website so as to falsely imply that it is associated with the Service or iRewind, (ii) decompile, disassemble or otherwise reverse engineer , or attempt to discover any underlying proprietary information of – or to derive the source code for – the Service, (iii) modify, adapt, alter, translate, or create derivative works from the Service, including remove or alter any copyright notice on the Service and any copy thereof.

18. You agree that you are responsible for all data charges you incur through use of the Service.

 

RIGHTS TO IREWIND CONTENT

19. The Service contains content owned or licensed by iRewind, including texts, images, diagrams, signs, buttons, lines of code, web graphics, hidden elements, databases, scripts, computer programs and any other data and information relating to iRewind's website, iRewind's application and any other of the Service ( iRewind Content ). iRewind Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and iRewind, iRewind owns and retains all rights in the iRewind Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the iRewind Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the iRewind Content.

20. No rights to the use of any iRewind names, logos or trademarks are conveyed by the License. The iRewind name and logo may not be copied, imitated or used, in whole or in part, without the prior written permission of iRewind.

 

RIGHTS TO USERS CONTENT

21. iRewind does not claim ownership of your Content that you post, create and/or edit on or through the Service. However, you hereby grant to iRewind a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works, as well as the right to distribute, communicate and present your Content, in accordance with our Policy.

22.You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms, (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third parties, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights, (iii) you agree to pay for all royalties, fees, and any other monies due by reason of the Content you post or share on or through the Service and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.

 

LINKS TO THIRD PARTIES SERVICES

23. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. iRewind does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that iRewind is in no way responsible or liable for any such third-party services or features.

24. Some of the Service may notably display advertisements and promotions , and you hereby agree that iRewind may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

 

SUSPENSION AND TERMINATION

25. We reserve the right, in our sole discretion, to refuse access to the Service, to modify or terminate the Service for any reason, without notice, at any time, and without liability to you.

26. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

27.  You can deactivate your iRewind account at anytime. If you choose to terminate your account or your account is terminated, your videos and all other data will no longer be accessible through your account.

 

CHANGES TO THESE TERMS

28. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using iRewind.

 

DISCLAIMER OF REPRESENTATIONS/WARRANTIES

29. The Service is provided to you "AS IS", without warranties of any kind, either express or implied. In particular, iRewind does not represent or warrant that the Service or materials provided for the use of the Service are accurate, complete, reliable, secure, current, error-free or free of viruses or other harmful components (such as worm, time bomb, logic bomb, or other such computer program) and that the functions contained in the Service will meet your requirements or that the operation of the Service will be uninterrupted. You assume responsibility for operation of the Service, and for the installation, use, and results obtained from the Service.

30.  To the fullest extent permissible pursuant to applicable law, iRewind disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

 

EXCLUSION AND LIMITATION OF LIABILITY

31. Your use of the Service is entirely at your own risk. To the extent permitted by law, Under no circumstance iRewind shall be liable (directly or indirectly) for any damages (including, without limitation, lost profits, business interruption, or lost information) on account of your use of or inability to use, misuse of, or reliance on, the Service, even if iRewind has been advised of the possibility of such damages. To the extent permitted by law, in no event will iRewind be liable to you for any actual, direct, indirect, incidental, special, consequential, or punitive damages, including any loss of profits, lost savings, costs of procurement of substitute products or services, or any other damages. In addition, you agree not to assert any claims against irewind, its subcontractors, partners, directors, employees and consultants arising from your use of the service. iRewind will not be responsible for any non-performance or delay attributable in whole or in part to any cause beyond its reasonable control.

 

INDEMNIFICATION

32. You agree that you will defend, indemnify and hold iRewind, its subcontractors, partners, directors, employees and consultants harmless against any claim arising out of or related to your failure to comply with the Terms. Please keep in mind that the nature of the Service and services may be interactive, and as part of your use of the Service you will be provided the opportunity to share information and content with third parties. You should use caution when deciding what information and content to share through the Service.

 

MISCELLANEOUS

33. Each provision of this Agreement is severable. If a provision is found to be unenforceable, this finding does not affect the enforceability of the remaining provisions, terms, or conditions of these Terms.

34. These Terms are binding on your successors and permitted assigns.

35. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between you and iRewind.

36. These Terms, together with the Policy and any amendments and any additional agreements you may enter into with iRewind in connection with the Service, shall constitute the entire agreement between you and iRewind concerning the Service.

37. These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version will prevail.

 

GOVERNING LAW - JURISDICTION

38. The agreement between irewind and you relating to the Service or any related services provided by iRewind shall be governed, interpreted and construed in accordance with the substantive laws of Switzerland, without regard to conflict of laws principles thereof.

39. Any dispute, controversy or claim arising out of or in relation with this Agreement including the validity, invalidity, breach or termination thereof, shall be submitted to the exclusive jurisdiction of the ordinary courts of Lausanne, Switzerland, with reserve of appeal to the Swiss Federal Tribunal.

 

CONTACT

If you have any questions or concerns about the use of the Service, you may contact iRewind at https://www.iRewind.com/contact