Hi! Congratulations on being an awesome person who reads terms of use. We applaud you. Below, you’ll see the terms and conditions (“Terms of Use”) to which you must agree if you’re going to use Offskip. Our lawyers wrote that, and that’s the stuff that counts. We’ve also provided some plain language wording – how I’d explain it to someone that didn’t have the time to read and digest the whole thing. I hope it helps you to make sense of this document, so that you can understand what you’re agreeing to. Thanks for joining the Offskip community!

Welcome to the Offskip, an online service designed and offered by 5Degrees KlG.

These Terms of Use are intended to explain our obligations as a service provider and your obligations as a user and subscriber. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

If you use this website and/or our application, you are agreeing to be bound by these Terms of Use without any modification or qualification. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If for any reason you are unable to meet all the conditions set forth in these Terms of Use, or if you breach any of the Terms of Use contained herein, your permission to use Offskip immediately lapses.

Offskip offers a number of Services through external providers each with their own Terms of Service (“Specific Additional Service Terms”) applicable in addition to these Terms of Use. When you use an Additional Service, you will be subject to the Specific Additional Service Terms. Note that if these Terms of Use are inconsistent with the Specific Additional Service Terms, those Specific Additional Service Terms will control. See Section V below.

Offskip reserves the right to modify or change these Terms of Use at any time without giving prior notice. We shall, however, notify you of significant changes by posting an announcement on the Site. Your use of Offskip is subject to the most current Terms of Use posted on the Site at such time. The most current version can be reviewed by clicking “Terms of Use” hyperlink at the bottom of our Site pages.

Content

  1. Definitions
  2. General
  3. Conditions of Usage
  4. Online Access to External Services
  5. Software Notice
  6. Copyrights, Trademarks and Intellectual Property
  7. Prohibited Use
  8. Limitation of Liability
  9. Termination of Service
  10. Ownership and Disclosure of Information
  11. Third Party Links, APIs and Content
  12. Authorization to Export Data
  13. Force Majeure
  14. Severance
  15. Governing Law and Dispute Resolution
  16. Legal Status of 5Degrees KlG
  17. Language
  18. Privacy Policy
  19. Information Received from Third Party Services
  20. Registration Information
  21. No Waiver
  22. Terms for Additional Services
  23. Digital Millennium Copyright Act

TL;DR

Please read this stuff or you won’t know the rules under which we will engage with you.

This is important. By using anything from 5Degrees KlG., you’re agreeing to be bound by everything in lawyer-approved sections. If you won’t or can’t agree to these terms, we can’t let you use Offskip. The terms may change in the future. If the change is more than nominal, we’ll let you know and give you a chance to change your mind.

A. Definitions

The following terms shall have the following meaning throughout the Terms of Use.

  1. “Agreement” or “this agreement” refers to these Terms of Use.
  2. “Applicable law” refers to the laws currently in force in the Zurich, Switzerland which shall govern this agreement.
  3. “Site” means this website, all related web pages, and all related websites operated by affiliates or divisions of 5Degrees KlG., but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the Services.
  4. “Service” and “Services” refer to the online web and mobile services and Support offered through Offskip from time to time.
  5. “Support” means technical support and assistance provided to users by 5Degrees KlG.
  6. 5Degrees KlG.”, “we”, “us” and “our” shall refer to 5Degrees KlG. and all its affiliates and subsidiaries.
  7. “Offskip” means the Site and all mobile applications and other applications which provide access to the Services offered by 5Degrees KlG. and its affiliates from time to time.
  8. “Offskip Parties” includes Offskip, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees.
  9. “You” and “user” shall refer to any person who visits the Site or maintains an account with us and utilizes our Services.

TL;DR

Now we’re defining stuff. Most of this doesn’t need a translation. We’re talking about Offskip here, not about third parties.

B. General

5Degrees KlG. grants you a non-exclusive right to use Offskip and related resources in accordance with these Terms of Use. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements.

You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time are in compliance with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.

TL;DR

We’d love for you to use Offskip, but you’re just using it. We still own it. Print this if you want to keep it!

Electronic Delivery

By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Service. Communications include but are not limited to:

  1. agreements and policies, such as this Agreement and our Privacy Policy, including updates thereto;
  2. transaction receipts or confirmations;
  3. communication in relation to delinquent accounts (which may also be by phone, and may be made by 5Degrees KlG. or by anyone on its behalf, including a third party collection agent);
  4. Account statements and history

We will provide these Communications to you by emailing them to you at the primary email address listed in your Account registration, by emailing you a link or instructions on how to access them on a website, or (if permitted by law) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Website. You further agree that your electronic signature has the same effect as your manual, physical signature.

By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.

TL;DR

We’re going to communicate electronically with you. Take a look in the other section for some examples of what might be included. We hope this doesn’t come as too much of a surprise, but when we say communicate electronically, we mean email. It’s your responsibility to ensure you can communicate by email.

How to Withdraw Your Consent

You may withdraw your consent to receive Communications electronically by contacting us through Customer Support or as outlined in our Privacy Policy. If you withdraw your consent to receive Communications electronically, 5Degrees KlG. may deny your registration for an Account, or restrict or close your Account.

5Degrees KlG. may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. 5Degrees KlG. may also limit the geographic locations or jurisdictions where certain Services may be available.

TL;DR

If you decide that we can no longer communicate by email, let us know and we’ll stop. If that happens, we might not be able to work together anymore.

Collaboration

Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of Offskip or the Services whatsoever is to discontinue using Offskip and the Services.

5Degrees KlG. may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. 5Degrees KlG. may also limit the geographic locations or jurisdictions where certain Services may be available.

TL;DR

If the service we provide is less than awesome, your recourse is to stop using Wave.

Other Information You Provide Us

While using the Services, we may also collect information from you about someone else. If you provide us with personal information about someone else, you are obligated to ensure that you are authorized to disclose that information to us, and that we, without further action, may collect, use, and disclose that information for the purposes described in this policy.

5Degrees KlG. may require you to assist with any requests by the individual to access or update their information, and you agree to do so.

TL;DR

You might give us some information about other people while using Offskip. We’ll treat that information the same way we treat yours, as outlined in this policy. You’re stating you’ve got the necessary consent to do so.

C. Conditions of Usage

You agree to use Offskip and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.

If you register for an account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information requested in the registration form and from time to time in connection with your use of Offskip. Your registration for any of Offskip constitutes consent to use any personal information which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied. You also will select a username and password. You are responsible for keeping your user name, password, account details, and all information required in connection with your use of Offskip confidential and up to date. If you are not the business owner and are registering an account on behalf of a business, you represent and warrant that you have been authorized and directed by your business's principals to open the account and that you have shared all user names, passwords and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. If you leave the business and your business’s principal contacts us we may be required to provide access to the Offskip account. You agree to hold harmless and release the Offskip Parties from any liability if we do so.

Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the Offskip Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the Offskip Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.

We are responsible for the security of User Data that is collected, transmitted, stored, or processed by Us on Your behalf. “User Data” is defined as being the user’s primary account data. 5Degrees KlG. has developed strict security features to protect User Data, and as such it is required that this data will only be used in anticipated ways and stored in appropriate places.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM ENTERING SENSITIVE USER DATA SUCH AS PASSWORDS OR CREDIT CARD INFORMATION INTO ANY FORM OR DATA ENTRY FIELDS IN OFFSKIP, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where Offskip explicitly requests such data be entered into such fields).

Appropriate fields are clearly marked with labels such as ‘Password’ or by having a credit card icon precede them. Excluding payment forms, you must never enter CVV2 data into any fields in Offskip. You assume all responsibility for any user data entered into Offskip in violation of this Agreement.

TL;DR

Offskip is what it is. Don’t use it for something it’s not.

When you register, don’t lie about who you are. By registering, you’re also agreeing to our Privacy Policy. Keep track of your login details, and keep them safe. If you’re creating an account on behalf of a business which you do not own, you must a) have permission, and b) share the login credentials with the owner.

You’re responsible for what happens in your account.

There are a bunch of rules for handling credit card information known as the Payment Card Industry Data Security Standard (PCI-DSS). To help us follow these rules and to protect your data, we need you to use the apps as they were intended. You agree not to enter sensitive data in any form where such data isn’t explicitly requested by Offskip. We’re not responsible for people doing unexpected things with their data.

D. Online Access to External Services

Certain online services (including access to online payments, and other online services related to the use of the Site) are provided by third party service providers and not by us. You agree to hold harmless and release the Offskip Parties from any liability relating to your use of such online services. Your access to and conditions of use of such services may be limited in accordance with the terms of use published by such third party provider. You represent and warrant that you have the right to provide us with usernames, passwords, personal information and other access credentials which we may require to access any third party services or accounts in connection with the Services.

TL;DR

Sometimes you use Offskip in conjunction with services from other companies. What you do with those other companies is up to you and them to work out. That includes fees they may charge you. If you need to provide Offskip with login credentials for that other company, in order to make things work, you will only do so if you have permission.

E. Software Notice

In the event that a user is required to download or use software in connection with the Services, he or she shall be unable to download and access such software unless he or she first agrees to the license agreement relating to such software. Use of any such software is governed by these Terms of Use and any such license agreement.

TL;DR

For installable software, you’ll have to agree to a license agreement before you can use it.

F. Copyrights, Trademarks and Intellectual Property

5Degrees KlG. and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, web page designs, web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using Offskip and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within Offskip constitute secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using Offskip by a user or otherwise provided for accessing Offskip on the user’s behalf shall at all material times remain the property of the user. The user hereby grants to 5Degrees KlG. a worldwide, perpetual, royalty free, nonexclusive right and license to use all content provided by the user in connection with Offskip and the Services for uses related to the delivery of the Services.

Materials on and relating to Offskip, including the content of Offskip and any software downloaded from Offskip, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, 5Degrees KlG. reserves all rights in and to such materials. The user will not store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of Offskip or any content therefrom without 5Degrees KlG.’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to Offskip.

Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a user of our Services. Your use of screenshots is subject to the following:

  1. No screenshot may be used from any beta version of Offskip unless it has been commercially released to the public;
  2. the use is for illustrative purposes;
  3. the use may not imply any endorsement or affiliation by or with 5Degrees KlG.;
  4. the screenshot does not contain any commentary which may appear to have been attributable to us;
  5. the screenshot does not contain any third party content; and
  6. the use does not infringe on any of these terms of use.

5Degrees KlG. has rights to several trade-marks which it uses in connection with the operation of Offskip. 5Degrees KlG. does not grant users any right or license to use the 5Degrees KlG. trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.

TL;DR

You own all your data. We own everything we’ve created.

You own all your data, and 5Degrees KlG. owns everything we’ve created. You agree not to try to duplicate, copy or steal anything we’ve created.

You can take screenshots as long as:

  1. It’s not a beta feature or product;
  2. you’re just trying to illustrate something;
  3. the screenshot doesn’t suggest a relationship that doesn’t exist;
  4. the screenshot doesn’t suggest we said or meant something that we didn’t say or mean;
  5. the screenshot doesn’t contain something that we can’t give permission for; and
  6. it doesn’t break any other rules.

Permission to use Offskip is not equal to permission to use our trademarks.

G. Prohibited Use

The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.

The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience. No user shall use any means to restrict or prevent another user from accessing or enjoying Offskip.

No user shall be permitted to upload material into Offskip that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use Offskip and the Services in a manner which could block access to, impair, damage or otherwise disable Offskip or any of our servers. You may not attempt to gain unauthorized access to Offskip or to any other user’s accounts, computer systems or networks through password mining, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.

No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Offskip in a manner that is inconsistent with our intellectual property rights over the software.

No user shall promote any commercial interest, falsify or delete any information on Offskip, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize Offskip under false pretences.

TL;DR

H. Limitation of Liability

THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE OFFSKIP PARTIES FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A "CLAIM") WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF OFFSKIP AND ITS SERVICES AND ANY RELATED APPLICATIONS AND THIRD PARTY SERVICES; (III) THE USE OF ANY SOFTWARE RELATED TO OFFSKIP; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF OFFSKIP AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN.

FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, OFFSKIP AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.

EXCEPT IN THE MANNER PROVIDED FOR IN THESE TERMS OF USE, 5Degrees KlG., ITS LICENSEES, AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS, DISCLAIM, AND EXPRESSLY DO NOT PROVIDE ANY DIRECT OR INDIRECT, EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR MERCHANTABILITY OR MERCHANTABLE QUALITY; OR THAT OFFSKIP, THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY WILL: (I) BE FIT OR SUITABLE FOR ANY SPECIFIC PURPOSE OR INTENDED USE; (II) MEET THE USERS' REQUIREMENTS AND EXPECTATIONS; (III) BE UNINTERRUPTED, FLAWLESS, TIMELY, ACCURATE, RELIABLE, SECURE OR ERROR FREE, OR; (IV) BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT OFFSKIP AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND YOU AGREE TO USE OFFSKIP, THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO OFFSKIP AT YOUR OWN RISK. YOU AGREE TO DETERMINE THE SUITABILITY OF OFFSKIP AND SERVICES FOR YOUR INTENDED USE.

TL;DR

This is the essential part where we passive-aggressively scream at you, capital letters and all. Essentially, you agree that the only parts where 5Degrees KlG. accepts liability are those places below where we explicitly say so.

I. Termination of Service

5Degrees KlG. may terminate this agreement and your use of Offskip at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Account has been compromised in any way. Users may use Offskip on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. You may also terminate this agreement by following the “Deactivate Account” instructions found on your Profile page. In the case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.

Upon such termination, you must immediately cease using Offskip indefinitely. We may at our option immediately block your access to Offskip.

TL;DR

If you break the rules, we can close your Offskip account(s). You can also deactivate it easily by yourself anytime you want.

J. Ownership and Disclosure of Information

You own all of your private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:

  1. For the purposes of fraud prevention and law enforcement;
  2. To comply with any legal, governmental or regulatory requirements;
  3. To our lawyers in connection with any legal proceedings; and
  4. To comply with a court order.

You own all of your private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:

TL;DR

We want you to be in control of all your data. You own it. We do not. We won’t disclose personally identifiable info except in cases like those below:

  1. To uphold our obligation to law enforcement;
  2. if we’re required by law;
  3. when we talk to our own lawyers; and

If we’re required by law to divulge your info, or in any cases outlined above, we’ll do our best to let you know ASAP and allow you to have your say about it.

K. Third Party Links, APIs and Content

You may when using our Site and Services be directed to websites maintained by other third party service providers.

Some of the functionality of the Services and Offskip interoperate with, and are highly dependent upon, application programming interfaces (APIs) from third parties, such as Google and others. If at any point such third party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop using Offskip and the Services. In addition, if you authorize us to do so, we may grant third parties access to some or all (depending on the permission you give) of your private data, content and information through our own API for use in connection with their services.

You acknowledge that such sites and services are completely independent of Offskip and as we have no control over them, we accept no liability in respect of your use, ability or inability to use them or any of the content of such sites. In addition, we may at any time in our discretion and without notice to you, discontinue providing our API to such third party services. You acknowledge that any use of the products and services offered by such third party services providers (e.g. for the purposes of payment processing, booking/reservation processing etc.) will be at your sole risk. You acknowledge that use of such third party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims (defined below) arising out of your use of, or inability to use, the products and services of third party service providers whether or not such use is ancillary to your use of Offskip. The availability of such third party services in connection with Offskip does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third party provider or its products or services.

TL;DR

If you find a link to something in Offskip, or use a service that relies on an API, including advertising links, we can’t be responsible for what other people or companies are saying or doing.

L. Authorization to Export Data

The user acknowledges that we may retain a copy of his/her/its transactional information gathered through the use of Offskip and other information uploaded on the user’s account. We may in certain circumstances export user information. We shall not share personal information with anyone except in the manner provided in our Privacy Policy.

TL;DR

To run our services, sometimes we need to make a copy of data files, and you’re OK with that.

M. Force Majeure

Neither party should be held liable for any delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.

TL;DR

If things outside of our control interrupt Offskip, neither you nor 5Degrees KlG. is liable.

N. Severance

All provisions of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Use should be determined to be unenforceable the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.

TL;DR

If you find an error in these terms, the rest of the terms are still in effect.

O. Governing Law and Dispute Resolution

Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Zurich, Switzerland applicable therein as applied to agreements entered into and to be performed entirely within Zurich, Switzerland, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Zurich, Switzerland. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of Zurich, Switzerland.

You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.

TL;DR

The laws of Zurich, Switzerland govern this agreement and anything that comes out of it. If we get in a dispute, we’ll try to resolve it without juries or class action suits.

P. Legal Status of 5Degrees KlG

The websites www.offskip.com and the names Offskip, Offskip Limited, 5Degrees KlG, and Offskip Apps are property of 5Degrees KlG. a company incorporated under Swiss Law.

TL;DR

Our official name is 5Degrees KlG., and all of Offskip’s stuff belongs to that company.

Q. Language

You and we expressly acknowledge and agree that this agreement and all related agreements, schedules, materials, licenses and policies be drafted in the English language only.

TL;DR

We do business in English.

R. Privacy Policy

Offskip’s Privacy Policy is hereby incorporated into this Agreement and applies to the collection, use, disclosure, retention, protection and accuracy of your personal information and your business’ financial information (the “Information”) collected for the purposes of the Services offered through our website. The Offskip Privacy Policy is based on applicable legislation as well as 10 fair information principles, and may be updated from time to time.

TL;DR

We also have a Privacy Policy, and that’s part of the agreement we make with you. Please have a read.

S. Information Received from Third Party Services

If you elect to have Offskip access information from third party accounts by providing the access information to such third party account, we will access such third party accounts for the purposes of performing the Services. This can include aggregation of user data as well as account verification. By providing the requisite access information to Offskip, you grant us and our external Data Providers permission and authority to access the relevant third party accounts, on your behalf or on behalf from the principal account holder, and retrieve the relevant information to make it available as part of the Services and agree to be bound by our External Data Providers terms of use in addition to these Terms of Use). You are not permitted to provide Offskip with any access information for any third party accounts for which you are not the principal account holder unless you have the authority to act on behalf of the principal account holder.

5Degrees KlG. is not obligated to review the information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information provided to us or any third party service providers in connection with any of the Services.

TL;DR

If you wish to connect Offskip with your other services, you are giving us (and our appropriate partner) the authority to get your data from those providers.

T. Registration Information

You are responsible for maintaining the confidentiality and security of usernames, passwords and other access credentials which allow the use of Offskip and access to the Services. You understand and agree that you are liable for unauthorized use of your account.

TL;DR

You’re the only one who knows your password, so keep it a secret! If someone gets hold of your password and does something to your account, that’s on you.

U. No Waiver

No delay or omission to exercise any right or remedy accruing upon any breach or default hereunder shall impair any such right or remedy nor be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default shall operate or be construed as a waiver of any subsequent breach or default.

TL;DR

From time to time, 5Degrees KlG. may pay penalties or waive some of our rights, as defined in these Terms. This doesn’t mean 5Degrees KlG. waives its rights in any other circumstances, and it shouldn’t be interpreted as an indicator of future behaviour.

V. Terms for Additional Services

The use of certain Additional Services are subject to and governed by additional terms of service (i.e. the Specific Additional Service Terms, noted in the recitals at the beginning of this agreement). If you use any of the Services listed immediately below, the linked Specific Additional Service Terms apply. In the event such additional or specific terms are inconsistent with the Specific Additional Service Terms, those Specific Additional Service Terms will control.

TL;DR

Rather than making these Terms even larger, please check out external providers Terms of use on your own.

W. Digital Millennium Copyright Act.

The content provided on Offskip is largely contributed by users. You represent and warrant that any content or material provided to us does not breach the rights, including copyright, of others.

Procedure for Reporting Copyright Infringement Claims: If you believe your copyright in any work has been infringed and such work is accessible through Offskip, you may notify 5Degrees KlG.’s copyright agent pursuant to the Digital Millennium Copyright Act of 1998 (DMCA) for notice of claims of copyright infringement here, Attention: Copyright Agent. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement, which 5Degrees KlG. may then forward to the alleged infringer:

  1. identification of the copyrighted material that you believe has been infringed;
  2. identification of the allegedly infringing material on Offskip, with sufficient detail to enable us to locate it on Offskip;
  3. your address, telephone number and email address;
  4. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. provide your or your agent’s physical or electronic signature.

You may provide this information in writing or by email notification to the following address:

support@offskip.com

Upon receiving your complaint, 5Degrees KlG. may remove content that you believe infringes your copyright.

Procedure for Counter-Notification: If material that you have posted to Offskip has been taken down, you may file a counter-notification by contacting 5Degrees KlG.’s copyright agent, who can be reached here, Attention: Copyright Agent, which counter-notification must contain the following details:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  3. Your name, address and telephone number;
  4. A statement that, notwithstanding the choice of laws and venue otherwise set out herein, you consent for the purposes of this counter-notification and other proceedings under the DMCA to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for the jurisdiction of the Courts of Zurich, Switzerland, and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
  5. Your physical or electronic signature.

NOTE THAT YOU MAY BE HELD LIABLE FOR DAMAGES, COURT COSTS AND ATTORNEY'S FEES INCURRED BY US, BY A COPYRIGHT OWNER, OR BY A COPYRIGHT OWNER'S LICENSEE IF YOU PROVIDE ANY FALSE INFORMATION, OR MISREPRESENT YOURSELF AS THE RIGHTFUL OWNER OF COPYRIGHTED MATERIAL. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c).

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