TERMS OF SERVICE
The website climbos.com is operated and managed by Robos-systems SARL., a company to be
incorporated under the laws of Switzerland. These terms of service governs the access to and use of
climbos.com website, products and services. By accessing or using our products or services the user
agrees to be bound by these terms.
1. Access and use of the service
Climbos.com povides its services mainly through its website located at http://climbos.com
Access to the climbos.com website is only permitted subject to acceptance of these general terms
and conditions which climbos.com shall, however, be free to modify at any time. Unless we make a
change for legal or administrative reasons, or to correct an inaccurate statement, a notification may
be sent to the user by e-mail.
2. Your registration obligation
If the user chooses to create an account on our website, he agrees to provide and maintain true,
accurate, current and complete information about himself. If he selects a username or similar
identifier for his account or Page, we reserve the right to remove or reclaim it if we believe it is
inappropriate. Registration data and certain other information about the user are governed by our
Privacy Policy. People under 13 years old are not authorized to use climbos.com, with or without
registering. In addition, people less than 18 years old can use the Service, with or without
registering, only with the approval of their parent or guardian.
The user is responsible for maintaining the confidentiality of his password and account. He is
therefore fully responsible for any and all activities that occur under his password or account. He
agrees to immediately notify to us of any unauthorized use of his password or account or any other
breach of security, and ensure that he logs out from his account at the end of each session when
accessing the Service. climbos.com will not be liable for any loss or damage arising from the failure
to comply with this obligations.
The user will not create more than one personal account. If we disable his account, the user will not
create another one without our permission.
3. Website content
climbos.com tends to accomplish his goals and the desired result on best effort basis (“obligation de
moyen”).
at the user's disposal comply substantially with the generally accepted standards if they are used in
accordance with the instructions provided.
The user accepts that the functionalities offered on climbos.com are subject to change, which means
that some functionalities may be removed and others added, without the user being able to regard
access to a particular functionality or group of functionalities as an acquired right.
4. User content
The user acknowledge that climbos.com prohibit content which is unlawful, harmful, threatening,
abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous,
invasive of another's privacy, hateful racially, ethnically or otherwise objectionable.
The user is solely responsible for all content that he uploads, posts, publishes or displays
(hereinafter, "transmits") or email or otherwise uses via climbos.com. Climbos.com has the right to
investigate and take appropriate legal action against anyone who, in his sole discretion, violates this
provision, including without limitation, removing the offending content from the website,
suspending or terminating the account of such violators and reporting the user to the law
enforcement authorities. The user agrees not to use the website to:
- email or otherwise transmit any content that infringes any intellectual property or other
proprietary rights of any party (see further)
- email or otherwise transmit any content 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. It is prohibited to
create a privacy or security risk to any person
- interfere with or disrupt the system or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
- violate any applicable law or any regulations having the force of law;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users further
- promote any criminal and illegal activity.
climbos.com shall decide, at his sole discretion, on the expediency of inclusion or removal of a
particular content presented on the website.
5. User's rights
The user who shares any content on our website retains all rights in but grantsc climbos only the
right to use, copy, cache, publishes, display, distribute, modify, create derivative works and store
such content.
climbos.com will ask the consent of the user for any commercial use except for the printing of
the”year book”.
Similarities and copying of any content without any permission is strictly prohibited for other users
(see further). If the user will use any of the content, he must ask the owner to give him the proper
right to do. climbos.com is not responsible in case of such violations from other users.
6. Commercial use and advertising
climbos.com is designed for their personal use.
Unless otherwise expressly authorized, the user agrees not to display, distribute, license, perform,
publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit,
transfer or upload for any commercial purposes, any content from climbos.com.
The user warrants that he will not constitute any unsolicited or unauthorized advertising,
promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters,"
"pyramid schemes," "contests," "sweepstakes," or any other form of solicitation
Advertising or offering to sell or buy any goods or services for any business purpose without the
consent of climbos.com is prohibited.
climbos.com reserve the right to decide to promote events, activities, brand,...
7. Security
climbos.com works to protect the security of the users's content and account but cannot guarantee
that unauthorized third parties will not be able to defeat our security measures. Please notify us
immediately of any compromise or unauthorized use of your account.
8. Third-party links, sites and services
Our website and services may contain links to third-party websites, advertisers, services, special
offers, or other events or activities that are not owned or controlled by us. We do not endorse or
assume any responsibility for any such third-party sites, information, materials, products, or services.
If the user accesses any third party website, service, or content from climbos.com, he does so at his
own risk and he agrees that climbos.com will have no liability arising from your use of or access to
any third-party website, service, or content.
9. Intellectual rights
The user acknowledges and agrees that our website and services (information, logos, drawings,
brand names, models, slogans, graphic, charts,…) may contain content that is protected by
copyright, patent, trademark, trade secret or other proprietary rights and laws. He warrants to
respect these rights.
Except where expressly authorized to this end by climbos.com and/or the third party concerned, the
user shall not be allowed to modify, reproduce, rent out, borrow, sell, distribute or create derived
works based entirely or partially on the elements contained on the website. He is therefore not
allowed (and may not authorize other people) to copy, modify or create a derived work, reverse the
design or assembly or attempt in any other way to find the source code, sell, grant, sublicense or
transfer in any way whatsoever, any right relating to the website and/or its content.<
climbos.com is not responsible in case of such violations from users.
10. Termination
If the user violate these terms, or otherwise create risk or possible legal exposure for climbos.com,
we can terminate or suspend him providing all or part of our website with our without cause or
notice to him.
The user may also delete his account or disable his application at any time.
These provisions will still apply.
11. Disclaimer
Climbos.com reserveshe right, at any time and on any grounds whatsoever, to alter or temporarily or
permanently discontinue all or part of the access to the website, without having any prior notice
obligation towards the user. This will be the case, for example, in the event of website maintenance
or a major change in the services and/or the offered functionalities. climbos.com shall not be liable
for any direct or indirect loss or damage associated with an alteration or suspension of or
interruption in access to the website, for any reason whatsoever.
We use reasonable care and skill to ensure the accuracy of the information provided on our website.
However, we cannot guarantee the accuracy, precision, horoughness or completeness of the
information made available on our website and such information does not replace the advice or
recommendations of a qualified professional when making decision on the ground. We can accept
no responsibility for any damage arising out of or in connection with the use of our website, whether
direct or indirect and whether arising in contract, tort or otherwise. The present conditions shall be
exclusively governed by Swiss law without regard to its conflicts of law provisions. The competent
courts of Geneva shall have exclusive jurisdiction over any disputes arising out of or in connection
with the present conditions.
12. Limitation of liability and ceiling compensation
climbos.com shall under no circumstances be liable for any direct and/or indirect loss or damage
sustained by the user in the context of use of the website and/or the content thereof placed at
his/her disposal. climbos.com shall only be liable for fraudulent misrepresentation or gross
negligence directly and undoubtedly attributable to it.
The ceiling compensation will be limited to 500 euros. In no event, shall climbos.com aggregate
liability exceed this amount of 500 euros.
The user shall also hold climbos.com harmless in the event of any claim, in one or other of the
following cases:
- Loss of opportunities or of business income linked to the functioning or non-functioning or
use or non-use of the website, or of the content that is on it or should be on it;
- Illegal or unauthorized intrusion of any third party in the climbos.com webserver or website;
- Temporary congestion of the bandwidth;
- Break in the internet connection service for reasons beyond the control of climbos.com.
13. Dispute
For any dispute, the user agrees to first contact us and attempt to resolve the dispute with us
informally.
14. Law and jurisdiction
Should any dispute occur, Switzerland law shall be applicable and the courts of Geneva shall have
sole and exclusive jurisdiction.
15. No Waiver
No waiver of any term of these provisions shall be deemed a further or continuing waiver of such
term or any other term.
climbos © 2014