Terms of Use & Privacy Policy: 

 

Terms of Use

 

These Terms of Use ("Terms of Use" or "Agreement")

This website ("Website") is run and maintained by Tobaritch. Your use of the Website is conditional upon the acceptance of these Terms of Use, including the Privacy Policy and Editorial Policy associate herewith. Your use of the Website indicates your express consent to the Terms of Use. If you do not agree to comply with the Terms of Use, you may not use or access the Website.

Tobaritch reserves the right to periodically update these Terms of Use. Your continued use of the Website after any such update indicates your agreement to the updated Terms of Use. It is your responsibility to periodically review the Terms of Use to ensure compliance therewith.

You may only use and access the Website if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the site. If you are not of legal age to purchase alcohol, you are expressly forbidden from using and accessing the site and put on notice that such use may subject you to criminal and civil penalties in the country in which you reside and/or access the Website.

IF YOU DO NOT ACCEPT ANY OF THE TERMS IN THIS TERMS OF USE YOU MUST LEAVE THE WEBSITE IMMEDIATELY

All references to "our", "us" or "we" within these Terms of Use are deemed to refer to Tobaritch, it subsidiaries and associates.

Intellectual Property: The Website is protected by copyrights, trademarks and/or other proprietary rights, and except as specifically provided in this Agreement, your use of the Website and its services shall be governed and constrained by applicable copyright, trademark and other intellectual property laws, in addition to this Agreement. You specifically agree that Tobaritch or its third-party licensors' own all intellectual property rights in and to the content offered on the Website (regardless of whether those rights are registered). Except as provided in these Terms of Use, any use of the intellectual property is prohibited. All rights are herein expressly reserved.

License to Use Website.

Tobaritch hereby grants to you a limited, worldwide, non-exclusive, non-transferable, non-sublicenseable, and revocable license to use the services and/or the materials available on the Website for personal, noncommercial use only, subject to the restrictions in this Agreement. This is includes printing hard copies of the material located herein solely for your lawful, personal, non-commercial-use. All other copying is prohibited.

User Conduct: Content. You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on this Website (collectively, the "Content"), are the sole responsibility of the person from whom such Content originated. While

Tobaritch takes reasonable measures to ensure that the content offered on the Website is appropriate, you understand that Tobaritch does not control, and is not responsible for Content made available through the Website. You agree that you must evaluate, and bear all risks associated with the use of any Content on the Website.

User Submitted Content. Tobaritch does not claim ownership to the Content you provide to the Website, upload, input or submit to the Website, except that Tobaritch retains all intellectual property rights to the underlying materials made available for your use for such services. However, by posting, uploading, inputting, providing or submitting your Content, you are granting Tobaritch and its licensors a perpetual, irrevocable, worldwide, royalty-free and fully-sublicensable (through multiple tiers) right to use your Content, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; publish your name in connection with your Content; and sublicense any such rights. No compensation will be paid with respect to the use of your Content as provided herein. Tobaritch is under no obligation to post or use any Content you may provide, and Tobaritch may remove any Content at any time in its sole discretion. By submitting Content you warrant and represent that you own or otherwise control all of the rights to your Content as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content.

Tobaritch is not responsible for any user's Content that may appear on the Website; nor is Tobaritch responsible for or involved in reviewing, editing, or removing any Content on this Site. Tobaritch also does not have any control over and does not guarantee the quality, applicability or accuracy of any Content. Tobaritch does not assume any liability associated with a user's use of the Website, or anything contained hereon, including, without limitation, intellectual property infringement relating to or concerning any Content. Please make sure that the Content you provide conforms to all applicable intellectual property right laws.

User Submitted Contributions. By submitting contributions to the Website, including ideas, suggestions, and/or proposals of any kind, you acknowledge and agree that: (a) your contributions do not contain any confidential or proprietary information belonging to another; (b) Tobaritch is not under any obligation of confidentiality, express or implied, with respect to the contributions; (c) Tobaritch shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way, in any media worldwide; (d) Tobaritch may have something similar to the contributions already under consideration or in development; (e) your contributions automatically become the property of Tobaritch without any obligation of Tobaritch to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Tobaritch under any circumstances.

General Rules of Conduct. We ask that each User respect one another and Tobaritch by following these general rules of conduct. You shall not:

• a.upload,post,email,transmitorotherwisemakeavailableanyContentthatis unlawful, harmful, threatening, abusive, harassing, defamatory, tortious, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise deemed by us to be objectionable;

• b.upload,post,email,transmitorotherwisemakeavailableanyContentthatcanbe used to personally identify you including without limitation full name, address, telephone number, email address or other information that can be used to identifiable or contact you;

• c.impersonateanypersonorentity,including,butnotlimitedto,Tobaritch,or falsely state or otherwise misrepresent your affiliation with a person or entity;

• d.manipulateidentifiersinordertodisguisetheoriginofanyContenttransmitted through to the Website;

• e.upload,email,post,orotherwisemakeavailableanyContentthatyoudonot have a right to make available, including without limitation, any Content that infringes any patent, trademark, copy right, trade secret or other proprietary rights of another party;

• f.upload,email,post,orotherwisemakeavailableanyunsolicitedorunauthorized advertising, promotional advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

• g.disruptthenormalflowofdialogueorotherwiseactinamannerthatnegatively affects other users' ability to enjoy the services of the Website;

• h.interferewithordisrupttheWebsite,itsservices,orservers;
• i.intentionallyorunintentionallyviolateanyapplicablelocal,state,nationalor

international law;
• j.usetheservicestoharm,orattempttoharm,minorsinanyway;
• k.stalkorotherwiseharassanother,and/or;
• l.collectorstorepersonaldataaboutotherusersinconnectionwiththeprohibited

conduct and activities set forth herein.

Please also review the Editorial Policy of the Website. The Editorial Policy contains valuable information about guidelines that govern your submission of Content and other conduct on the Website.

Business Owners, Companies and Promoters. Business owners, companies and promoters may use this site to promote their products so long as it is done in manner that conforms to the Editorial Policy . Business owners, companies and promoters may be banned from using the Website at Tobaritch 's sole discretion for exploiting the tobaritch.com community in any way. Grounds for removal may include: promoting products or brands cove Tobaritch y (i.e. without disclosing your affiliation), excessively (i.e. "spamming"), indiscriminately (i.e. in an irrelevant way given the forum) or in any other way Tobaritch deems unacceptable. Tobaritch 's expressly reserves the right to suspend business owners', companies' and promoters' right to use the Website to promote their products and brands if Tobaritch believes that such promotion is harming the Website community. By promoting your products and/or brands on the Website you expressly agree to review this Terms of Use to insure your compliance at least monthly. By promoting your product or brand on the Website, you explicitly release and hold harmless Tobaritch from any and all liability related to the promotion of your product or brand.

If you have any questions or concerns about how your product or brand is being promoted on the Website, please contact us at info@tovaritch.com

Tobaritch may revoke your right to use or access the Website if you violate any

of the aforementioned rules.

This list only serves to provide examples and is not meant to be an exclusive list of the type of misuses of the interactive services that may result in the restriction, suspension or termination of your access to the Website. Due to the global nature of the internet, users hereby agree to comply with all local laws and rules regarding on- line conduct and acceptable content. Users also agree to comply with any applicable laws and rules regarding the export of any data from any country.

Monitoring the Site. You agree that Tobaritch may or may not screen Content, but that Tobaritch and its designees shall have the right (but not the obligation) in their sole discretion to screen, refuse or remove any Content that is available via the Website. Without limiting the foregoing, Tobaritch and its designees shall have the right to remove any Content that violates these terms of use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that Tobaritch has no responsibility or liability for: (a) the deletion of Content, (b) failure to store or to deliver any messages and other communications, (c) the modification or malformation of data communications over the Website, or (d) other Content maintained or transmitted by the Website.

Termination: You agree that Tobaritch may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Website's services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Website or its services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Website's services. Termination of your account includes (a) removal of access to all offerings within the Website and its services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Website and its services. Further, you agree that terminations for shall be made in Tobaritch 's sole discretion and that, except as explicitly provided herein, shall Tobaritch not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website or its services. Upon any termination of this Agreement, you shall immediately discontinue use of the Website and its services

Links:  The Website may provide, or third parties may provide, links to other Websites.

Tobaritch has no control over such sites, therefore, you acknowledge and agree that Tobaritch is not responsible for the availability of such external sites or resources, and doe not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that Tobaritch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE WEBSITE AND ITS SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND ITS SERVICES, INCLUDING BUT NOT LIMITED TO ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND TOBARITCH (INCLUDING, WITHOUT LIMITATION, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, INDEPENDENT CONSULTANTS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY CLIENT OF TOBARITCH (COLLECTIVELY, " TOBARITCH THIRD PARTIES")) ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, CONTENT, OR PERSONALIZATION SETTINGS. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, TOBARITCH AND TOBARITCH THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. NEITHER TOBARITCH NOR ANY TOBARITCH THIRD PARTIES MAKE ANY WARRANTY THAT THIS SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE OR THAT ANY DEFECTS IN THE SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE CORRECTED; NOR DO TOBARITCH OR ANY TOBARITCH THIRD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH, THE USE OF THE SERVICES OR THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY: IN NO EVENT SHALL TOBARITCH OR ANY RELATED THIRD PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST OR DAMAGED DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE, OR INABILITY TO USE, THE WEBSITE, ITS SERVICES, ANY WEBSITES LINKED TO THIS WEBSITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED $100.00 OR THE TOTAL FEES YOU PAID TO US IN DURING THE 3 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS GREATER. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE SERVICES. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT.

INDEMNITY: YOU AGREE TO INDEMNIFY AND HOLD TOBARITCH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE WEBSITE OR ITS SERVICES, YOU USE OF THE WEBSITE OR ITS SERVICES, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

General Information

Entire Agreement. The Terms of Use constitutes the entire agreement between you and Tobaritch and governs your use of the Website and its services, superseding any prior agreements between you and Tobaritch with respect to the Website and its services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of use and the relationship between you and

Tobaritch shall be governed by the laws of the city of Geneva without regard to its conflict of law provisions. You and Tobaritch agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Switzerland

Waiver and Severability of Terms. The failure of Tobaritch to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, its services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
Tobaritch respects the intellectual property of others, and we ask our Users to do the same. Tobaritch may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Tobaritch with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the site;

4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not

authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in

your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

For notice of claims of copyright or other intellectual property infringement please contact us at info@tovaritch.com

Violations: Please report any violations of the Terms of Use to Administrator info@tobaritch.com Tobaritch, Copyright © 2013. All rights reserved.