This document sets out the terms and conditions (the “Terms”) between Tech Vanguard Sarl a company incorporated and existing in Switzerland with headquarters at 11 rue de Beaumont, 1206, Geneva with company’s identification number CHE-291.053.037, its successors and permitted assigns (hereinafter “mynameis”) applying when an individual or corporation through a legal representative - (“Client”) access, use or register on Apple App Store, Google Play Store, http://mynameis.company (the “CHANNELS”) downloads and registers at the mobile app mynameis (the “APP”) or otherwise transmits by any possible means to mynameis any personal data of his/her own or that of third party identified or identifiable individuals (the “Data”).
The “CHANNELS” and the “APP” are hereinafter collectively and indistinctively referred to as the “CHANNELS””.
Client must read these Terms carefully before accessing, using and/or registering an account at the CHANNELS or subscribing/ordering any of the mynameis’ services.
If CLIENT has any reservations, doubts or objections to this Policy CLIENT should resume and exit from the CHANNELS refraining from disclosing, showing, transmitting, sharing, making any Data available into the CHANNELS or in connection therewith including the upload of Data – whether totally or in part - onto any Online Forms available whether at the CHANNELS or the APP.
mynameis reserves the right to change the Use Terms at any time without prior notice. Any amended Use Terms will be integrated herein from time to time and will be binding as from the date of its updating and posting at the CHANNELS.
Applicable from May 31st, 2019.
The compilation of all content included in or made available through the CHANNELS, including their layout, design, imaging and graphics, page headers, button icons, scripts, and product and service names included in or made available through the CHANNELS are either owned or used by mynameis under license of one or more third party partners (“Licensors”) and may be subject and protected by local and international laws.
All software used on the CHANNELS is the property of mynameis or its Licensors and protected by local and international laws.
Client’s Limited License
Subject to Client’s compliance with these Use Terms in all material times mynameis grants to Client a limited license to access and use the CHANNELS provided that said Licensing does not include the right to download the Website (other than for page caching of the Website), or the right to make any modifications to the CHANNELS except with express written consent of mynameis.
Client is also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website so long as the link does not portray mynameis brand or distinctive signs, or displays its services other than based on a preexisting mutual agreement in writing with mynameis. Client may not use any Marks, intellectual property or trade secrets of mynameis or its Licensors as part of the Website’s link without mynameis’ express written consent.
Any and all links redirecting to the CHANNELS and using the framing or in-line linking techniques are strictly prohibited.
Client shall use the CHANNELS in a rightful manner and shall refrain from any usage that is or may be considered detrimental or harmful to mynameis or its Licensors or otherwise contrary to these Use Terms.
Client undertakes to comply with all Laws while accessing and using the CHANNELS and without limitation, Client undertakes not to:
- Use the CHANNELS or parts thereof conduct an illicit activity (even if only by negligence or lack of a reasonable degree of care);
- copy, reproduce, mime or mirror the CHANNELS by any duplicate, share, means on other sites or servers;
- download, copy, use, remove, deface or by any means make use of the Marks, copyright notices, disclaimers or other information displayed;
- use, display or make the CHANNELS available or accessible to the public in a non-domestic context whether profit-oriented or not and Client shall not sell, resell, lease, rent, or otherwise exploit the CHANNELS, the Marks, the Content or any parts thereof except where mynameis has agreed to in writing beforehand;
- Upload or transmit through the CHANNELS computer viruses, macro viruses, trojan horses, worms, spyware, marketing notices, advertisements or any other unsolicited messaging;
- impair or prejudice the effectiveness or functionality of the CHANNELS or cause them to be interrupted, non-performant, damaged or traffic-jammed;
- Alter or modify any part of the CHANNELS other than as may be reasonably necessary to make a reasonable use of them for their intended purposes in connection with the services provided by mynameis;
- Use the CHANNELS to try and uncover or by any other possible means gain access to trade secrets or confidential information of either mynameis or any third parties. Without limiting Client must not use the Content;
- to generate another content – regardless the resemblance or similarity level of the new content whilst compared to the Content –;
- to infringe rights vesting on or inherent to Content;
- to data spy, identify, profile or track CHANNELS’s activity and that of its users regardless of the purposes of such activities;
- to use or share Content in connection with any business or professional activity (whether profit or pro bono) brands, products or services (whether priced or free), ideas, beliefs, causes or thinking models of Client’s own or any third parties unless mynameis authorizes Client to do so in writing.
FOR THE SAKE OF CLARITY:
Client’s License does not include any right to distribute, market, sell, resell, lease or make any other commercial use of mynameis’ services; any derivative use of CHANNELS or its contents (including the Content); any use of tools, applications or devices, data mining, robots, or similar data gathering and extraction tools.
Client may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of mynameis without mynameis’s express prior written consent.
Client may not use any meta tags or any other 'hidden text' utilizing mynameis’ names or Marks without mynameis’ express written consent.
The License and rights herein are granted or conveyed on “as is” and “as available” basis without representations or warranties of any kind and may be terminated at any time by mynameis without further notice or remedies available to Client in respect thereof.
License termination notice may be displayed in a visible area of the CHANNELS or may be sent to Client to the e-mail address registered at mynameis.
Upon License termination Client shall destroy and erase all Content regardless of the media in which such Content was recorded (v.g. paper printed, digital media).
Client shall indemnify, defend and hold mynameis harmless from any consequences arising from the breach by Client of the herein Use Terms.
mynameis reserves the right to monitor Client’s usage of the CHANNELS to verify and enforce compliance with the Use Terms.
CHANNELS’ available Services may require registration at the CHANNELS as pre-condition to subscribe/purchase them. Client will be asked to fill in a Registration Form available at the CHANNELS in which certain mandatory fields may have to be inserted.
AUTOMATIC REGISTRATION IS AVAILABLE AT THE CHANNELS AND CLIENT IS AWARE THAT REGISTRATION MAY NOT BE SUPERVISED BY HUMAN INTELLIGENCE. ANY ERRORS IN PROCESSING A REGISTRATION MAY NOT BE ATTRIBUTED TO MYNAMEIS OR THE DEFAULT OF ITS STAFF AND SOLE REMEDY OF CLIENT SHALL BE THAT MYNAMEIS SHALL USE REASONABLE COMMERCIAL EFFORTS TO ASSIST CLIENT IN PROCESSING A RECTIFIED REGISTRATION.
CLIENT REPRESENTS AND WARRANTS TO MYNAMEIS THAT ALL INFORMATION THAT CLIENT PROVIDES UPON REGISTRATION IS TRUE, ACCURATE, COMPLETE, AND CURRENT AT ALL TIMES.
CLIENT MUST NOT IMPERSONATE OR USE INFORMATION OF THIRD PARTIES to proceed with Registration.
Client may only USE INFORMATION THAT IS LAWFULLY AVAILABLE TO CLIENT FOR CLIENT’s USE and/or as necessary to close a transaction for the engagement of services available at mynameis (if/as available).
Without prejudice for any and all other remedies available in Law, breach by Client of any of the foregoing may result in Client and Client’s organization being liable for any and all damages and loss caused to mynameis and/or to any damaged third parties along with Client being possibly banned from the CHANNELS, his/her pending transactions being voided no further remedies being available to Client.
Minors and Parental Control
SITES are not suitable or intended for individuals under 18 (eighteen) years of age being 18+ classified.
Under aged or legally unable CLIENTs (“Minors”) may visit and navigate the CHANNELS as part of their supervised activity in the Internet. Any interaction of a Minor with the CHANNELS shall be regarded by mynameis as supervised activity and interaction of a Minor.
Parents and Legal Guardians shall remain fully liable at all times for the Minor’s online conduct and/or any consequences from unsupervised internet activity of the Minor.
When Client submit submits a Registration Form to mynameis, mynameis will process such information and may provide Client with a password to login and navigate the CHANNELS, (the “Credentials”).
Client will keep Credentials in strict secrecy and Client will not show, entrust, deposit or share them with any third parties. Client is fully accountable and responsible for restricting access to any devices or media in which Credentials are recorded, stored or maintained. Client agree to accept responsibility for all activities that occur under Client’s Credentials at the CHANNELS or elsewhere. Client shall maintain adequate levels of security and protection of Credentials and Client agrees to inform mynameis in case they are stolen, copied or abusively used by anyone. On such cases Client will refrain from continued use of the Credentials and mynameis may – although not being obliged to - reinstate Credentials, opt to provide Client with different ones or remove Client from the CHANNELS as a registered CLIENT at no further remedy to Client.
mynameis does not verify or validate the legal existence and good standing of legal entities nor does it check representation rights of anyone claiming to be a legal representative of a corporation, fund, trust, agency, subsidiary, company, association, joint-venture, public organism or any other organization whatsoever.
Corporate CLIENTs shall adopt organizational measures and shall implement internal controls to supervise internet activity in their own name (if any). Corporate CLIENTs shall remain fully liable for the consequences of the online activity by anyone in the CHANNELS or otherwise claiming to be acting as their representative or legal representative or otherwise being empowered or granted the right to speak/ interact in the CHANNELS in their name or on their behalf.
mynameis’s Intellectual and Industrial Property The CHANNELS may contain posts, news, informative documents, explanations, advisory boards and maps, photographs, videos, music or any other possible content to interact with Client (“Content”). All rights vesting in, in connection with and/or in respect of Content are reserved to mynameis and its Licensors.The original tradename and logo as shown
is a trademark owned and/or licensed by/to mynameis protected under one or more intellectual property laws being either owned and/or used under license by mynameis (the “Marks”).
All rights in relation to Content and the Marks are reserved to mynameis and/or their Licensors and Partners.
Marks must not be used by Client unless mynameis authorizes Client in writing beforehand.
Marks must not be used in connection with any product or service that is not mynameis’s, in any manner that is likely to cause confusion, or in any manner that may disparage or discredit mynameis, its services or those of its Licensors and partners.
Except as provided for herein nothing in these Use Terms shall be read or interpreted so as to convey or grant to Client or any third parties any rights of ownership in respect of or related to the Content or the Marks nor any right or license is granted by any means to use the Content or the Marks unless as permitted by mynameis or as provided for herein.
All other trademarks not owned by mynameis that may appear in the CHANNELS from time to time are the property of their respective owners.
mynameis takes intellectual property seriously. If Client believes that the CHANNELS or any Content or Marks in any way constitute a threat or breach of any rights of third parties, please let us know by mailing us at 11 rue de Beaumont c/o Charles de Bavier, 1206 Geneva, Switzerland
CHANNELS may contain features or functionalities permitting Client to post reviews, comments, photos, videos and/or other content; send communications, present feedback or share ideas, pose questions, etc so long as the content is not aggressive, obscene, injurious or objectionable, threatening, defamatory, invasive of privacy, discriminatory, sexist, racist or otherwise lesive or contrary to any laws or the legitimate rights of mynameis or any third Parties (including other users) and does not consist of or contain software viruses, political campaigning, solicitation messaging, enticement content, chain letters, mass mailing, or any other form of "spam" or unsolicited commercial content (“Client Content”).
Client may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content including Client Content.
All rightfull Client Content is hereby licensed to mynameis on a nonexclusive, perpetual, worldwide, royalty-free, irrevocable, and fully sub-licensable basis for mynameis to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display Client Content or parts thereof in any media and/or in the CHANNELS or otherwise at mynameis reasonable discretion.
Client represents and warrants that all Client Content is either owned, licensed or otherwise controlled by Client; is accurate; that Client’s use of the same does not violate the rights of third parties, these Use Terms, the terms of the Law and therefore will not cause or co-cause or (indirectly) contribute for a damage or loss to any property or infringement of the rights of any person or entity; and Client will fully defend and fully indemnify mynameis for a breach by Client of any of the foregoing and any consequences arising therefrom without limitation.
mynameis has the right but not the obligation to monitor and edit or remove any content including Client Content.
mynameis does not regularly review any content posted by others than mynameis.
mynameis takes no responsibility and assumes no liability for Client Content nor for content other than Content uploaded by mynameis.
Client’s use of any content including the Content and/or the Client Content shall be consistent and not in conflict with the Use Terms and the Law.
Participation in Conferences or Discussion Groups
Please bear in mind that information divulged online in any conference or discussion group (including via a telecommunication’s online call), whether on the CHANNELS or elsewhere may become available to others engaged with the providing, monitoring, managing of such media and the latter may be out of mynameis’ control.
mynameis has no technical, organizational or procedural means to prevent, avoid or mitigate interference or observation of any conferences or discussions that may run through the CHANNELS as part of the Service or otherwise.
DO NOT SHARE AND/OR PROVIDE CONFIDENTIAL INFORMATION OR ANY OTHER PERSONAL INFORMATION (including Personal Data) THAT CLIENT WOULD LIKE NOT TO BECOME OUT OF CLIENT’s CONTROL AND POSSIBLY RUNNING THE RISK OF FALLING INTO THE PUBLIC KNOWLEDGE (INCLUDING ANY SOCIAL MEDIA SITES).
mynameis may insert and/or manage or otherwise permit that third parties insert and/or manage advertisement adds in the CHANNELS at any time and at its discretion.
The advertising at the CHANNELS may not be suitable for all ages and therefore Client’s viewer discretion is advised.
mynameis is not liable for advertisement content of any Third-Party advertisers even when such content may be displayed and/or by any means accessible or originating at/from the CHANNELS.
Client will be able to ignore any advertisement adds in certain cases as the same show at the CHANNELS and in some other cases after the elapsing of some viewing time. mynameis shall not be liable for any discomfort or lack of user experience arising from any advertisement activities at the CHANNELS and Client’s viewer discretion is advised at all times.
Links to other sites
mynameis CHANNELS may provide or display links to other media, sites or channels of mynameis’ business partners that have no affiliation or connection whatsoever with mynameis and simply because mynameis may finds (at its sole discretion and criteria) that their content and/or offerings of products or services may be relevant to Client.
Please note that business partners such as Social Media Partners (v.g. Facebook, Linkedin, Instagram) are independent Partners and their terms and conditions along with their policies apply when You are redirected to or develop any activity within their range.
mynameis does not warrant the services or products other than the services or products directly provided/supplied by mynameis’s and within its control. mynameis is not responsible for the availability of third-party sites or resources and does not endorse them by any means.
mynameis is not responsible for examining or evaluating businesses nor to verify their conformity or levels of compliance with any Laws.
Services Terms and Conditions
The CHANNELS may provide a portfolio of services available for purchase.
mynameis attempts to be as accurate as possible in all material times as to the correct description of its services. mynameis does not warrant however that descriptions of services or other Content are self-explanatory, exhaustive, comprehensive, fully reliable, or error-free.
The services will be provided only upon full payment of corresponding fees and prices as applicable.
When engaging mynameis Services the Service Terms and Conditions apply. Please revert to Service Terms and Conditions available here.
Warranty Disclaimer and Limitation of Liability
UNLESS OTHERWISE STATED IN THE SERVICE TERMS AND CONDITONS AVAILABLE here, THE CHANNELS ARE PROVIDED BY MYNAMEIS ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.
TO THE FULL EXTENT ADMISSIBLE IN LAW, MYNAMEIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, RELIABILITY, QUANTITY, QUALITY, AVAILABILITY, PERFORMANCE AND/OR UNITERRUPTED OR ERROR-FREE ACCESS OR USABILITY, UNINTERRUPTED CONTINUED AND/OR PERFORMANT OPERATION OF THE CHANNELS, OR THE CONTENT THEREIN.
CLIENT EXPRESSLY AGREES THAT CLIENT ‘S USE OF THE CHANNELS AND CONTENT IS AT CLIENT’S OWN DISCRETION AND SOLE RISK.
MYNAMEIS RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY SERVICE OR CONTENT FROM THE CHANNELS AT ANY TIME IN ITS SOLE DISCRETION.
MYNAMEIS DOES NOT WARRANT THAT CHANNELS WILL RUN UNINTERRUPTEDLY OR ERROR-FREE NOR THAT WEBISTE, SERVERS, OR E-MAIL OR OTHER NOTIFICATIONS SENT FROM MYNAMEIS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
MYNAMEIS WILL NOT BE LIABLE FOR ANY DAMAGES HOWSOEVER ARISING AS A RESULT FROM THE USE OF CHANNELS INCLUDING WITHOUT LIMITATION ANY DIRECT OR INDIRECT LOSS OR DAMAGE OR DAMAGES TOO REMOTE SUCH AS INCIDENTAL, PUNITIVE, AND/OR COLLATERAL OR CONSEQUENTIAL IN CONNECTION WITH ACCESS, USE OR OPERATION OF THE CHANNELS.
WHERE A LAW MANDATES THAT LIMITATION MAY NOT BE LIMITED OR EXCLUDED BY MYNAMEIS THE HEREIN LIMITATIONS AND EXCLUSIONS SHALL BE CONSTRUED AND INTERPRETED TO THE MAXIMUM EXTENT PERMITTING MYNAMEIS TO LAWFULLY LIMIT OR EXCLUDE ITS LIABILITY.
Client agrees to defend, indemnify and hold mynameis, its affiliates and their respective directors, officers, employees and agents harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of Client’s use or misuse of the CHANNELS, Client’s use of the Content, the Marks, any consequences arising from the violation by Client of these Terms, the Law or the violation of the rights of any other person or entity.
mynameis reserves the right, at Client’s own expense, to assume the exclusive defense and control of any claim presented to mynameis by a third party for which Client might have to defend and indemnify mynameis and Client agrees to fully cooperate with such defense and fully indemnify mynameis in respect thereof without limitation.
These Terms were drafted and shall be construed and interpreted in accordance to the laws of Switzerland.
Any claims arising from or in connection with these Use Terms shall be exclusively submitted and resolved by the Civil Courts (Canton of Geneva) (Switzerland).
Client and mynameis expressly agree to the aforementioned disputes resolution clause upon waiver by Client and mynameis of any other forae or disputes resolution form such as mediation or arbitration.