This Agreement was last modified on: August 1, 2016 (Starting version)
This service, which enables users to interact with organizations, to search for and communicate with other users and to use all kind of associated tools and functions through mobile apps and embedded websites (“Service”) is provided by OurField Limited (“OurField”, a company registered in England and Wales under company number 09647641 with registered office at Technology Court, Bradbury Road, Newton Aycliffe, County Durham, DL5 6DA, United Kingdom, contact firstname.lastname@example.org. The Service is part of an advanced Argon Open Social Media Platform and Marketplace (“Argon Platform”) provided by Argon Networks Inc., Switzerland (“Argon”), email@example.com, which interconnects the services of Argon with Argon independent affiliated service provider (collectively “Service Affiliates”, their services individually “Affiliated Service”, collectively “Affiliated Services”, Argon and the Service Affiliates "us", "we", or "our"). The Service Affiliates offering their services in their name are listed on argon.com. This Agreement sets forth the legally binding terms and conditions for your use of the Service and the other Affiliated Service.
Acceptance of the Terms of Service
By accessing or using the Service or any Affiliated Service, either through the current mobile app or the current website, or any other user interface of OurField or any Service Affiliate (collectively “Interface” or “Interfaces”) in any manner, including, but not limited to, visiting or browsing the Interfaces or contributing content or other materials by using any Interface, you signify that you have read and understood these Terms and that you agree to be bound to these Terms - regardless of whether you are a registered member ("Member") of any Affiliated Service or not. These Terms are divided into two parts: Part 1 “General Terms” valid and applying for all Affiliated Services by all Service Affiliates and all their Interfaces and Part 2 “Specific Terms” valid and applying only to OurField and all its proprietary Interfaces.
Registration and any membership are void if a violation of present Terms or any legal requirement is found. For accessing and using the Service, there is an age limit of 12 years, unless stated otherwise in the Specific Terms of Part 2. If you are under 16 years when registering you certify that you have the permission of your parents, or guardians respectively to do so. By accessing or using the Service you confirm that you will carefully comply with these Terms.
Registration and Security
When accessing or using the Service you confirm and agree a) only to provide correct data when registering or when updating your profile, b) to safely store and maintain password in use, c) to carefully comply with these Terms and to strictly follow any user conduct provisions d) to regularly revise and update profile data, e) to take full responsibility for the use of the Services, for your data and content as well as for your actions related to the use of Service.
You may choose a screen name of your choice, except names, which are deemed offensive or which do not comply with the section “User Conduct” above. You must not choose names, which represent or can be mistaken for existing brand names, company name, trademarks or service marks. We reserve the right to change your screen name at any time and without any notice.
Intellectual Property rights
The Services and its features and functionality are owned by Argon or the respective Service Affiliate or its licensors and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
All content of the Service, including (but without claiming completeness) designs, texts, information, graphics, pictures, paintings, photographs, drawings, sketches, videos, applications, software, music, sounds, etc. ("Content") are the sole proprietary property of its respective owners (Argon, Affiliated Service Providers, its users or its licensors) with all rights reserved.
None of the Service or its Interfaces and none of its Content may be modified, copied, republished, distributed, posted, displayed, forwarded, transmitted, framed, scraped, reproduced, downloaded, sold, called within a third site or mobile application – in any form or by any means – either partially or in full – without the written consent of Argon. Excluded from this obligation is only the users own Content, which has been legally created or uploaded on the Service by yourself.
Limited license to use
Provided that you conform to eligibility, you are granted a non-exclusive, non-transferable, limited license for accessing and using the Service and its Contents. Included in such a license is the right to print copy or downloading Content according to granted user permissions if this is done for private non-commercial use only and provided that copyrights and property rights obligations are respected. Except for your own Content, you are not allowed to upload or to republish any Content on any other site or other media or databases. Any further use of any Content is strictly prohibited. Such a license is subject to these Terms and does not allow use of any data mining, robots, scraping or other similar methods of data collection explicitly. Any use of the Service and its Content, other than explicitly allowed herein, or allowed by a prior written consent of Argon, is strictly prohibited and immediately terminates such a license granted herein. An unauthorized use can also be a violation of other laws and rights, such as for example violation of copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms can be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Some features, functions or memberships are free of cost while others are subject to charges. If there are charges, such charges will be clearly marked and will be explicitly confirmed by you. We reserve the right to arbitrary charge any features, functions or membership that were previously free of charge, provided that you are informed before introducing such costs in order that you can avoid such costs.
For costs, which are not limited in time, you have the right to cancel a commitment without any expenses within 15 days of commitment reception, provided that you did not yet use such element, which is subject to costs. However, an agreed fee for an element with minimum usage duration such as for example annual membership fees will not be refunded.
Services also support the use the notification by SMS. When SMS are received while being abroad mobile operator may apply roaming fees. All other fees that eventually might be raised by a mobile operator must be checked with the user’s current mobile operator.
You agree to comply with the laws and regulations of your country of origin or where you access the Interface, not to produce, reproduce, publish and distribute, upload or download any harmful or infringing information prohibited by the laws, including but not limited to infringement of copyrights of a third party, damaging computers of third party, prohibited pornography, state secrets, prohibited political propaganda, or instigating criminal activities.
You agree not to insult, threaten other users or to violate their privacy in whatever way, or to obstruct other users or restrict their use of posts, chat and forums or other forms of electronic communication or to publish defamation or other inappropriate comments.
You agree not to commercially sell goods or to advertise with commercial purpose other than through selling-specific or advertising-specific features and functions provided by the Service. We reserve the right to block you from access to the use of posts, comments chat, forums or other forms of electronic communications without prior notice and without giving reasons.
We have no obligation to supervise posts, chats and forums or other forms of electronic communication ("Communications”). Thus, we have no control over the content of Communications such as posts, messages, information and statements independent on whether text, image, audio or video and cannot be held liable for such Communications. However, we reserve the right to modify, delete, and revise all posts, messages, information or statements of Communications provided or published by users of the Service, or to provide them to third parties, if necessary to comply with legal requirements or if there are technical necessities.
Single Login and Content Sharing
Registration to the Service provides you access with the same login details to all Services of all Service Affiliates (Single Login). This also means that you agree that we are sharing your user data with all Service Affiliates whose Service you are using by login in to their respective Service. Since the Affiliated Services are interconnected, you agree that any of your Content you store may be visible or accessible on any other Affiliate Service.
Responsible for contests, coupons, surveys, polls (“Activity”) are the Activity Providers (Affiliated Service Providers or Users) announcing such Activity. Activity announcements include all essential information such as beginning, end, prizes, interim results, special conditions, etc. Except when stated otherwise by Activity Provider, following applies to such Activities: Winners will be notified by text message to their profile or push message to their phone. There is no obligation of purchase. There is no correspondence on the event. The decision is final, all legal measures are excluded. Cash payout of prizes is not provided. Prizes are personal and non-transferable. Winners agree that their profile and name can be published. If a certain prize requires travelling to a certain place, then winners will travel at their own expense. Participants violating present Terms are excluded from receiving a prize. Staff and relatives of Activity Provider are excluded from participating at prize drawing.
Data Protection and Privacy
Limitation of Liability
In no event shall Argon, nor its Service Affiliates, including their directors, employees, agents, suppliers, or other affiliates, be liable for damages, direct or consequential, resulting from your use of the Service or the provisioning of your Content, independent of whether they rely on contractual agreements, negligence or other forms of illegal behavior, unless such damage can be attributed to intentional actions of Argon or its Service Affiliates. In addition you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from your violation of these Terms or of any third-party's rights.
Warranty Disclaimer components
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement or course of performance.
Argon, its Service Affiliates, including subsidiaries, other affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmfulcomponents;
d) data will not be disclosed by illegal intruders; or e) the results of using the Service will meet your requirements.
Unless otherwise stated in the Specific Terms of Part 2, this Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Switzerland with jurisdiction Zug, Switzerland for all disputes relating to these Terms with Argon or its Service Affiliates without giving effect to any principles of conflicts of law. However, Argon or its Service Affiliates may make a claim against the user in any other court of competent jurisdiction according to that jurisdiction.
Changes to this Agreement
We reserve the right, at our sole discretion, to amend, supplement, reduce, expand, correct, or to replace these Terms and any further rules, polices, or guidelines incorporated by reference at any time and without further notice by posting them on the respective Interface. If this is done, the present Terms as currently displayed will be replaced with the new Terms specifying the date of the last revision. Your continued access and use of the Services after such a change signifies automatically your acceptance with the new Terms. Please review this Agreement periodically for changes, since this is your responsibility. If you do not agree to any part of this Agreement or any changes to this Agreement, do not use, access or continue to access the Service or any Affiliated Service but discontinue any use of the Service or Affiliated Services immediately, since it is not allowed without such consent.
We may terminate your access to the Services and its Interfaces without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.