1. Acceptance of Terms
You acknowledge that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. In particular, the user is entirely responsible for all Content that posted, emailed or otherwise made available via the Service. The user understands that REGALO is not obliged to pre-check, and is not responsible for Content made available through the Service, and that by using the Service, the user may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. If the user is offended or if he / she has reason to believe that other people may be offended, the user agrees to immediately inform REGALOs staff using the dedicated feature in the app to alert the staff of potentially dangerous or offensive content. Furthermore, the Content available through the Service may contain links to other websites, which are completely independent from REGALO. REGALO makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Linking to any other websites is at the user's own risk. The user agrees to evaluate, and bear all risks associated with the use of any Content, the user also acknowledges that he/she may not rely on said Content, and that under no circumstances will REGALO be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. The user acknowledges that REGALO does not prescreen or approve Content, but that REGALO has the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
3. Privacy and Information Disclosure
The use of REGALO or the Service signifies acknowledgement of and agreement to the following privacy terms. All information sent will be archived with the supplier that REGALO, which may change from time to time, without informing the user. considers appropriate. All information provided is not considered highly confidential as it is accessible to the public through other services such as social networks or official records, so no extraordinary measures will be applied to keep the information secure, other than the reasonably acceptable measures for storing the information of the same nature will be applied. You further acknowledge and agree that REGALO may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith believes that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of REGALO, its users or the general public.
You agree not to post, email, or otherwise make available Content:
that impersonates any person or entity, including, but not limited to, a REGALO employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes 'bait and switch';
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that the user does not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains 'affiliate marketing', 'link referral code', 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if (1) posted in REGALO; or (2) sent to REGALO users;
that includes links to commercial services or web sites;
that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law;
that contains 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;
that disrupts the normal function of the Service via an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content transmitted through the Service.
Additionally, the user agrees not to:
contact anyone who has asked not to be contacted;
'stalk' or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org);
purposefully post Content in a irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
attempt to gain unauthorized access to REGALO computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or REGALO.
5. No Spam Policy
You understand and agree that sending unsolicited email advertisements to REGALO email addresses or through REGALO computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Switzerland. Any unauthorized use of REGALOs computer systems is a violation of these Terms and certain international and local laws. Such violations will be pursued by REGALO in any applicable was, both in civil and criminal court.
6. Limitations on Service
The user acknowledges that REGALO may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which the user may access the Service. The user agrees that REGALO has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. The user acknowledges that REGALO reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that REGALO shall not be liable to the user or to any third party for any modification, suspension or discontinuance of the Service.
7. Termination of Service
The user agrees that REGALO, in its sole discretion, has the right (but not the obligation) to delete or deactivate any account, block an email or IP address, or otherwise terminate the user’s access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if REGALO believes that the user has acted inconsistently with the letter or spirit of the Terms. Further, you agree that REGALO shall not be liable to the user or any third-party for any termination of the user’s access to the Service. Further, the user agrees not to attempt to use the Service after said termination. Articles 2, 4, 6 and 9-13 shall survive termination of these Terms.
8. Dealings with Organizations and Individuals
The user’s interactions with organizations and/or individuals found on or through the Service, including arrangement and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such organizations and/or individuals. You agree that REGALO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users and any third party, the user understands and agrees that REGALO is under no obligation to become involved. In the event that a user has a dispute with one or more other users, you hereby release and hold REGALO, its officers, employees, volunteers, agents and successors in rights harmless against any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Service.
9. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright and other intellectual property laws and international treaties. Content displayed on or through the Service is protected by copyright, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the Content is prohibited. Copying or reproducing the Content or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. The user further agrees not to reproduce, duplicate or copy Content from the Service, and agrees to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, the user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. To the maximum extent possible, all aspects of the www.regaloapp.ch site and of the Service are of exclusive property of FutureThinking Sagl. Although REGALO does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to REGALO an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. In addition, by posting Content to any public area of the Service, the user automatically grants, represents and warrants to have the right to grant, to REGALO an irrevocable, perpetual, exclusive, fully paid, worldwide license to limit or otherwise control the reproduction, transmission, deletion, or distribution of the Content from the Service.
11. Disclaimer of Warranties
THE USER AGREES THAT USE OF REGALO AND THE SERVICE IS ENTIRELY AT HIS/HER OWN RISK. REGALO AND THE SERVICE ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW,REGALO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW,REGALO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR POSTED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON REGALO. TO THE FULLEST EXTENT PERMITTED BY LAW, REGALO DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH REGALO SITE OR THE SERVICE.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL REGALO BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF REGALO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE USER’S USE OF REGALO SITE OR THE SERVICE. SUCH LIMITATION APPLIES ALSO IN CASE THE DAMAGES ARISE FROM USE OR MISUSE OF REGALO SITE OR THE SERVICE, FROM INABILITY TO USE REGALO SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF REGALO SITE OR THE SERVICE. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH REGALOS SITE OR THE SERVICE OR ANY LINKS ON REGALOS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH REGALOS SITE OR THE SERVICE OR ANY LINKS ON REGALOS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
The user agrees to indemnify and hold REGALO, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service REGALOs, suppliers and employees, harmless against any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content the user submits, posts or makes available through the Service, the user’s use of the Service, violation of the Terms, breach of any of the representations and warranties herein, or violation of any rights of another.
14. General Information
The Terms constitute the entire agreement between the user and REGALO and govern your use of the Service, superseding any prior agreements between the user and REGALO. The Terms and the relationship between the user and REGALO shall be governed by the laws of the Swiss Confederation. The failure of REGALO to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Governing law and jurisdiction
This Agreement is governed by the laws of Switzerland. Any action against REGALO or FutureThinking Sagl related to the use of the Service must be promoted before the court of Lugano in Switzerland.