General
1. By using any of the Miitcard products, software, or services available at *.miitcard.com, *.miitcard.ch or other top-level domains (collectively referred to as "Services") provided by Miitcard, you agree to be bound by the following terms and conditions ("Terms of Service").
2. Miitcard reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at: http://www.miitcard.com/terms.
3. The failure of Miitcard to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
4. You agree that Miitcard owns all legal rights in the Service. You must not remove, modify or obscure any legal notices. You are not entitled to use Miitcard trademarks (especially Miitcard), trade names, brands, domain names, or other distinctive brand features.
5. Violation of any of the terms below can result in the termination of your account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services.
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.
6. These Terms of Service constitute the entire agreement between you and Miitcard und replace all previous agreements under this title. There are no verbal subsidiary agreements.
7. These Terms of Service, and your relationship with Miitcard under these Terms of Service, shall be governed by the laws of Switzerland. You and Miitcard agree to submit to the exclusive jurisdiction of the courts located in Zurich, Switzerland, to resolve any legal matter arising from the Terms of Service.
Provision of the Services by Miitcard
Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis.
1. Miitcard does not warrant that (i) the Services will meet your requirements or expectations, (ii) the Services will be delivered uninterrupted, timely, secure, or errorfree, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) any errors in the Services will be corrected.
2. You understand and agree that Miitcard 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: (i) the use or the inability to use the Services; (ii) any changes which Miitcard may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) 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; (v) or any other matter relating to the Services.
3. Technical support is provided on a best effort basis and only by e-mail.
4. You understand that Miitcard can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Services.
5. Miitcard may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at Miitcard 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.
Use of the Services by you
1. You agree to use the Services only for purposes that are permitted by (i) the Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
2. For certain services, Miitcard may offer or require you to register for an account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your account and password. Accounts registered by bots or other automated methods are not permitted.
3. 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).
4. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by Miitcard.
You agree that you are solely responsible for (and that Miitcard has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Miitcard may suffer) of any such breach.
5. You agree to Miitcard privacy policy, as available at http://www.miitcard.com/privacy.php.
6. Miitcard reserves the right (but has no obligation) to prescreen, review, flag, filter, modify, refuse or remove any or all content or account from any of the Services at Miitcard 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.
7. Only such users may participate who are of legal age, or who are acting with the consent of a parent or legal guardian.
January 01 2014