General Terms and Conditions of MemoCard

For the use of MemoCard

Last change: 12 October 2015  

1. Scope of application

  1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the use of the online platform, provided by Teara GmbH, MemoCard, Binzstrasse 40, 8712 Stäfa, Switzerland, including all associated subdomains (hereinafter referred to as "MemoCard") and the services it underpins.
  2. Through their registering with MemoCard, the user accepts these GTC.
  3. The GTC also apply to the use of MemoCard on mobile devices.

2. Subject matter

  1. MemoCard offers the user services for the online recording, learning, and sharing of flashcards. Apps support learning with mobile devices.
  2. In order to record, learn, and share content online, the user must register with MemoCard.
  3. MemoCard is free of charge. MemoCard reserves the right to make changes to their fee structure at an appropriate time without notice.

3. Rights and duties of the user

  1. Specific user information is required to register with MemoCard. Users undertake to provide their information in a complete and truthful manner.
  2. The user may not use MemoCard for any kind of commercial purposes, neither their own or those of a third party, unless specifically permitted by MemoCard.
  3. The user undertakes to:
    1. only provide true and non-misleading information within their profile and when communicating with other users, as well as to refrain from using pseudonyms and nom de plumes,
    2. observe the applicable laws and all third-party rights when using the contents and services.
  4. The user chooses a password during registration. Users are obliged to keep their access data secret. If these access data are lost or in the event of disclosure to third parties, the user shall immediately inform MemoCard, who will block the access data and provide new access data to the user. MemoCard will not pass on the password to third parties nor ask users to disclose their access data.
  5. Users undertake to immediately report changes to their user data.
  6. The user is prohibited from the following actions:
    1. The publication and dissemination of content which is recognised in a widespread manner as obscene, offensive, damaging to one’s reputation, shocking, pornographic, harassing, racist, xenophobic, or otherwise reprehensible.
    2. The publication and dissemination of content which might serve as advertising for other parties, particularly for sex, SMS, or MMS services, personal loans, medication and remedies, alcohol, or tobacco.
    3. The publication and dissemination of content intended to cause harm to third parties, e.g. phishing requests or instructions to produce computer viruses, Trojan horses, spyware, and the like.
    4. The unreasonable harassment of other users, especially through spam.
    5. Prompting other users to disregard these GTC.
    6. Suggestive communication or communication of a sexual nature (explicit or implicit).
    7. The publication and dissemination of copyrighted material without the consent of the copyright holder.
    8. The publication and dissemination of content which violates business secrets or patent, trademark, or other proprietary rights.

4. Rights and duties of MemoCard

  1. MemoCard is entitled to, without prior notice, delete content posted by users that violates legal regulations or these GTC.
  2. MemoCard reserves the right to make changes to the services offered, to supplement them, or to offer deviating services.
  3. MemoCard cannot unequivocally determine the identity of users through its technical means and thus does not guarantee the identity of users.
  4. MemoCard is entitled to block or delete user accounts that have been inactive for a longer period time.

5. Copyright

  1. MemoCard respects the intellectual property of third parties. MemoCard shall immediately be informed by third parties if they believe that their works have been illegally reproduced, distributed, or made public. MemoCard is entitled to immediately delete the material concerned.
  2. MemoCard does not assume any responsibility or liability for any losses or damages resulting from copyright infringements by users.

6. Term and termination

  1. The term of the account is unlimited. Users can delete their profile at any time without providing reasons. The username and password must be specified during the deletion process.
  2. If good cause exists, MemoCard may immediately suspend a user's account, delete content posted by the user, as well as deny the user access to MemoCard's services. Good cause includes the following:
    1. non-compliance with legal regulations on the part of the user;
    2. users’ violation of duties, particularly those specified in § 3 of these GTC;
    3. any significant damage to the MemoCard image by user-provided content;
    4. any user advertisement for associations or communities – or their methods or activities – which are being monitored by security or youth protection agencies;
    5. damages caused to other users.
  3. MemoCardMemoCard reserves the right to discontinue offering its services. In this instance, the user will be informed within a reasonable period at the earliest possible time.

7. Responsibility for the content of users

  1. MemoCard assumes no responsibility for the content, data, and/or information posted by users, nor for any content on external websites to which a link reference is made.

8. Liability

  1. If a user publishes or distributes content which infracts on legal regulations and these GTC, they shall be liable for the resulting damages and costs. The user responsible for any official interventions shall also bear the liability MemoCard has for the associated official measures.
  2. MemoCard shall under no circumstances be liable for any content, in particular errors, inaccuracies, or omissions, or for any resulting losses or damages, arising from the use of any content published or distributed using MemoCard.
  3. MemoCard shall not be liable for a temporary unavailability of services, disturbance of any or all functions, nor for any malfunctions.

9. Indemnification

  1. The user indemnifies MemoCard against all claims asserted against MemoCard for violation of rights:
    1. caused by content posted on by the user; or
    2. which are asserted through the use of MemoCard's services.

10. Data protection

  1. MemoCard respects the privacy of users. When collecting and processing personal data, the provisions of Swiss data protection legislation are observed.
  2. Detailed information on the processing of user data is available at MemoCard's privacy policy. It forms part of these GTC.
  3. Public cards are automatically displayed and available to all users for learning.
  4. Private cards are only visible to the author and to those whom the author has invited as a co-author or co-learner.

11. Final provisions

  1. MemoCard reserves the right to make changes to these GTC at any time.
  2. If individual provisions of these GTC are or becomes invalid, the validity of the remaining provisions shall not be affected.
  3. Place of fulfilment is the registered office of MemoCard.
  4. The place of jurisdiction is Zurich.
  5. All legal relationships between the user and MemoCard are subject to Swiss law.

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