TERMS AND CONDITIONS

Last revision: 1. May 2015

The web platform liniaa is an online service of incode gmbh, which is accessible at www.liniaa.com. The platform serves for documentation of personal life timelines as well as life timelines of associations, companies and other collectives and to share these optionally with other persons.
  1. Scope of applicability
    1. For the use of the web platform liniaa, subsequently called web platform, the following terms of use apply to the relation of the user and incode gmbh, subsequently called operator. The use of the web platform liniaa is only permitted if the user has approved these terms & conditions.
    2. These terms & conditions are effective for the duration of use of the online service www.liniaa.com by registered users.
    3. The operator reserves the rights to change these terms & conditions at any time. In this case, all registered users will receive notice of the changes three months prior to the changes and asked to accept the revised terms & conditions within these three months, if they would like to continue to use the web platform. If the terms & conditions are not approved, the permission to use the web platform will expire upon the date of the change and the respective user account will be blocked until the new terms & conditions are approved. If the terms & conditions have not been approved after expiration of a subscription, all timelines and data associated with this account will be deleted after an additional three months. The operator is not liable for the loss of data that occurs in this way.
  2. Definitions
    1. The 'web platform' includes all functionalities and service offers that the operator provides at www.liniaa.com, including subdomains, international versions and versions for mobile devices.
    2. The operator understands a 'timeline' to be the documentation of a life story of a person, organisation, group or of an object, that is created with the help of the web platform.
    3. The 'owner' of a timeline is the registered user who established the respective timeline or to whom ownership has been transferred by another user. The owner pays for the use of the respective timeline by subscription.
    4. 'Data' or 'user data' refer both to the registration data of the user, as well as the data which are entered in the timelines and, as the case may be, shared with others.
    5. A 'registered user' is a user that has registered at www.liniaa.com, either with or without a subscription plan.
    6. A 'subscription' is understood to be the agreed scope of use of the web platform between the operator and user, which requires payment. There are different subscription plans available that can be acquired at different conditions.
  3. Registration
    1. For the use of the web platform registration is required. By registering, users accept the terms & conditions and confirm their approval.
    2. Registered users will receive the first e-mail newsletter automatically. If users wish not to receive the newsletter, they may unsubscribe via the unsubscribe link in the newsletter.
  4. Use and rights
    1. Registered users have free-of-charge access to timelines of other users if they have explicitly been granted viewing or editing rights.
    2. Users who want to create timelines can choose between different plans with different prices and options. The plan with the least options is free, the others are paid plans. By choosing and paying the subscription fee, the user is authorized to use the web platform according to the agreed conditions of the plan. The paid amount as well as the associated conditions will be confirmed to the user immediately after payment of the subscription plan, by email.
    3. Cancelation: After purchasing a paid plan, the user has the right to cancel the plan within 14 days without giving reasons. The user can do this by contacting liniaa at contact@liniaa.com or by mail to incode gmbh, Stadtweg 46, CH-4310 Rheinfelden. If the cancelation occurs within 14 days the full price will be refunded if the services of the paid plan are not drawed upon. By deleting uploaded files or timelines and by revoking administrator rights to timelines, users can contain usage of the service. Plans and features are described at www.liniaa.com under 'Pricing'. Refunds are issued by the same means of payment that was used upon the initial transaction.
    4. The subscription plans and their conditions will be clearly listed on the website. The operator always has the right to change subscription plan types, conditions and prices. Ongoing subscription plans remain valid until the end of the agreed subscription plan, maximally one year.
    5. Paid subscription plans will not be extended automatically. Users will be asked twice by email, prior to the expiration of their annual subscription, to renew their subscription. These requests will be sent to the email by which the user is registered. Users are responsible to keep their email address up-to-date and that they remain accessible by the email address (ie. by regularly checking the spam folder). If the subscription is not renewed, the respective subscription will be deactivated.
    6. The subscription plan can be reactivated by paying the subscription annual fee, up to three months after the expiration date. Users will be notified in this period once again about the pending deletion of the data. If after three months after expiration the subscription plan has not been renewed, all timelines and data will be irrevocably deleted from the account. One timeline with a limited amount of files, within the offer of the free plan, will be excluded from deletion. By deleting all other timelines but one and by deleting images and documents so as to stay within the memory limit of a free plan, users can decide themselves which timelines and which content should be kept. Otherwise, the system will randomly choose the timelines and content to be deleted.
  5. Privacy and sharing of contents
    1. All content which the user does not make accessible to other persons are only visible to them and not to any other third party.
    2. Timelines can be shared with other persons. This is generally possible by
      • sending or passing on a link to a timeline: all persons who receive the link can see the timeline, however they cannot edit it. Links that have been sent out can be deactivated so that persons who have the link no longer have access to the timeline.
      • invitation of guests to one's own timeline: other registered users can permanently receive access to your own timeline. If needed and with the according subscription plan other users can be invited to collaborate on the documentation of a timeline as administrator. This access can be revoked at any time by the owner of the timeline.
    3. Users are responsible for revocation of all that they have made public, if necessary.
  6. Data privacy and data usage
    1. The operator has the right to use the data of the user registration and usage of the web platform for monitoring and evaluation. The operator is obliged to treat the data confidentially and not to pass over the data to third parties (with exception of the points treated under 6.8) or to use them for purposes of advertisement in favor of third parties. The following user registration data and usage of the web platform may be published in aggregated and anonymized form:
      • number of users
      • number of users per language and country
      • type and number of timelines
      • duration since registration and creation of timelines
      The listed elements can be published cumulatively, combined or in variations.
    2. The data entered via the web platform, which has not been explicitly made public, can only be accessed by the timeline owner or administrator or persons authorized by these, as well as by the operator. Timeline owners who assign administrators for a timeline, grant the right to edit, to publish or delete the timeline related data.
    3. Unpublished data will be transmitted in encrypted form, with SSL (secure sockets layer).
    4. Users who publish data confirm that they are explicitly authorized to publish all data. Obtaining the rights to do so is within the responsibility of the user and not the operator.
    5. Cookies are prerequisite to the user registration, the login and the use of certain features at www.liniaa.com. If cookies are disabled in the browser, only publicly accessible parts of the website can be used.
    6. If data once entered on the web platform is deleted, it is no longer stored on the active platform. However, deleted data will remain stored, under the common safety precautions, in data backups until they are overwritten.
    7. Users may contact the operator anytime to request access, modification, blocking or deletion of data that concern them, at contact@liniaa.com.
    8. The newsletter is managed by a professional newsletter service. The emails will be entered to this external service provider, the provider guarantees in their terms that the e-mail addresses will only be used for newsletter mailings of the operator and not for any other purposes and will not be shared with other parties.
  7. Rights of users and third parties
    1. The users use the web platform at their own risk. The users solely are responsible for the results or working with the web platform.
    2. By publishing contents such as photos, videos or other, the user transfers the right to the operator, to distribute these on the web platform. This right ends with the deletion of the contents by the user or with the deletion of the data by the operator, after termination of the respective subscription. The operator does not claim ownership of the uploaded data.
    3. Users who share rights to publish, confirm that they are expressly authorized to release these rights. Obtaining this permission is the responsibility of the user and not the operator.
    4. The user acknowledges not to publish any contents on the web platform that violate the rights of another person or the law or are morally objectionable or immoral (see paragraph 11).
    5. Further commercial use of the online service and individual elements is prohibited. All proprietary rights of the web platform lie exclusively with the operator.
  8. Support, Maintenance and Data Backups
    1. The operator does not offer telephone support service, however, the users have the option to ask questions or report errors via the online form, in German and English.
    2. Users of the web platform give voluntary feedback and suggestions. The operator may use the feedback and suggestions as thought best and for the further development of the web platform, without any obligation for compensation.
    3. The users have access to the web platform 24/7. The operator reserves the right to temporarily interrupt the service periodically for maintenance work. In general, these interruptions will be announced at least one week ahead of time, well visible on the website.
    4. The operator will secure the data of the data base once a day. Data can be recovered after a total black-out of the system, but it is not possible to restore previous isolated versions of data of individual users. The operator is not liable for the loss of data due to erroneous manipulation or deletion of timeline data by mistake by the user.
    5. The operator reserves the right to make changes and updated to the web platform at any time.
  9. Termination
    1. In the case that the operator decides to terminate the service of the web platform, the termination will be clearly communicated on the website. In addition, the operator will inform all users by email with prior notice of at least three months. Ongoing subscriptions remain valid with the respective conditions until the end of the subscription, new subscriptions cannot be purchased after the course of the three months.
  10. Warranty and Disclaimer
    1. The operator will take the necessary care to operate the web platform without errors and secure. However, use of the web platform takes place at the risk of the user. The operator provides the web platform in the existing condition and without any explicit or implicit guarantee. The operator does not guarantee the safety and security of the web platform. The operator is not responsible for the actions, contents, information or data of third parties. The operator explicitly does not guarantee timeliness, correctness, completeness or quality of the information that is transmitted by the platform.
    2. The operator does not guarantee the uninterrupted service of the web platform (users must anticipate interruptions) and the data backups. The operator excludes, as far as legal, all liability for subsequent damage and loss, that may occur due to the access to or the use of the web platform, as well as its non-usability due to access denial, malfunction or breakdowns. Equally, the operator is not liable for the loss of data or data recovery.
    3. The operator is not liable for subsequent damage due to the deletion of data by the user as a result of not renewing an expired subscription (according to paragraph 4.5).
    4. The operator can, in the event of a case, be held liable maximally to the amount that the user has paid to the operator over the course of the last 12 months.
  11. Exclusion due to disrespect of these terms & conditions
    1. The operator, especially as a result of subsequent spurious actions, reserves the right to exclude users who improperly use the web platform, depending on the facts of the case, with or without warning, from access to the web platform, to block their account or delete individual data:
      • In the event of publication of offensive content, in particular of violence exalting, racist or pornographic manner and other illegal or morally objectionable use of the web platform.
      • In the event of publication of insulting, personality infringing or defamatory content.
      • In the event of unlawful, misleading, malicious or discriminatory acts.
      • In the event of bullying, intimidation, harassment or the like.
      • In the event of communicating unauthorized advertisements.
      • In the event of actions that block the proper functioning of the web platform, overload or impair it.
      • In the event of any attempt to gain unauthorized access to data of the web platform or to manipulate or delete it.
      • In the event of uploading viruses or other malicious code.
      • In the event of attempted or actual access to user accounts that belong to other users.
      • In the event of other similar behaviors
    2. Ongoing subscriptions will be terminated without notice in the event of improper use of the web platform, according to 11.1. In the event of such a termination without notice, the user whose subscription has been terminated will not be entitled to a refund of previously paid subscription fees.
  12. Final clauses
    1. These terms & conditions were created in German. Should there be any discrepancies in the translated version compared to the original one, the German version is always decisive.
    2. If any part of this declaration is deemed to be unenforceable, the validity of the remaining portions shall remain unaffected.
    3. The failure of the operator to enforce any provision of these terms & conditions shall not constitute a waiver of that provision.
    4. These terms & conditions do not grant any ownership rights to any third party.
    5. All rights and obligations of the operator in accordance with these terms & conditions are therewith, in connection with business fusion, acquisition, the sale of assets or by act of law or otherwise, are freely assignable.
    6. These terms & conditions constitute the entire agreement between the parties with respect to liniaa and supersede all previous agreements.
    7. These terms & conditions and all claims that may arise between the users and the operator, are subject to the laws of the Swiss Confederation.
For all claims, disputes or action items that are directed against the operator and the result of these terms & conditions or the use of web platform, or connection with it, the exclusive agreed place of jurisdiction is Rheinfelden/Switzerland.

incode gmbh
Rheinfelden, 05/01/2015
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