Legal
Conditions of use
Welcome to 1H2O3. We are glad to see you here. Take it easy and have a good time, but please follow the household rules.
1. Acceptance of these Terms
This document and the other documents we refer to below constitute the house rules, or what we formally refer to as our Terms of Use (the “Terms” for short).
These Terms constitute a legally binding contract between you and 1H2O3.
This Agreement sets out Your rights and responsibilities when using 1H2O3.com, our mobile applications and the services provided by 1H2O3 (we will refer to 1H2O3.com our mobile applications and our other services as “Services”). Please read it carefully. By using any of our Services (even by simply browsing our websites), you agree to be bound by these Terms. If you do not agree to abide by the Terms, you may not use our Services. Are you still with us ? Very good, enjoy your reading!
2. These other documents that we have mentioned
1H2O3 Services connect people around the world, both online and offline, to create, sell and buy unique goods. Here is a helpful guide to help you understand the specific rules that apply to you, depending on how you use the Services:
If you offer any items for sale through our Services, these rules apply to you. You can view it by clickinghere.
Our Buyer’s Rules. If you use our Services to browse the site or make purchases, these rules apply to you. You can view it by clicking here.
Our Third Party Regulations. These rules apply to :
All of these rules are part of the Terms and Conditions, so be sure to read the ones that apply to you. Of course, you still need to read the rest of this document as it applies to everyone!
3. Your privacy
We know you care about your personal information, so we do as well. Our Privacy Policy details how your information is used when you use our Services, and is also part of our Terms, so please read them by clicking here
4. Your 1H2O3 account
You must create an account on 1H2O3 to use some of our Services. Here are some rules about 1H2O3 counts:
A. You must be 18 years of age or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
B. Be honest with us. Provide accurate information about yourself. Using false information or pretending to be another person or company through your account is not allowed.
C. Choose an appropriate user name. A username that is considered offensive, vulgar, or violates the intellectual property rights of others is in violation of the Terms.
D. You are responsible for your account. You are solely responsible for all activity on your account. If you share an account with others, then the person whose billing information is on the account will be the primary contact for all activities. If you are registered as a company, you personally warrant that you have the authority to agree to abide by the Terms on behalf of the company. In addition, your accounts are not transferable.
E. Protect your password. As mentioned above, you are solely responsible for all activity on your account, so it is important to keep your account password secure.
F. Let’s be clear about our relationship. These Terms do not create any agency, partnership, joint venture, employment or franchise relationship between you and 1H2O3.
5. Your Content
The Content that you post using our Services is your content (it will therefore be referred to as “Your Content”). We don’t claim it in any way. This includes everything you post using our Services (such as usernames, store names, profile pictures, product listing photos, product listing descriptions, reviews, comments, videos, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You agree that you have all necessary rights to your Content and that you will not infringe or violate the rights of others by posting it.
B. Permission to use Your Content. By posting Your Content through our Services, you grant 1H2O3 a license to use it. We do not claim ownership of Your Content, but we have permission to use it to help 1H2O3 operate and grow. In this way, we will not interfere with any rights you may have in Your Content and we can help promote it.
C. Rights that You confer on 1H2O3. (Here is the legal language version of the last article). By posting Your Content, you grant 1H2O3 a non-exclusive, worldwide, royalty-free, irrevocable, transferable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote 1H2O3, your 1H2O3 store, or the Services generally, in any format and through any networks, including through any of 1H2O3’s Services, third-party websites, or advertising media.
It sounds like a lot, but we need it to keep 1H2O3 working. Consider these examples: if you upload a photo of a product listing to your 1H2O3 store, we first have permission to make it visible to shoppers, and then we can resize it to catch the eye of a shopper using our mobile app; if you post a description in English, we can translate it into French so that a Parisian shopper can find out the story behind your item; and if you post a great photo of your new disc filter, we can put it on our homepage, on one of our blogs, or even on a billboard to help promote your business and 1H2O3.
D. Reporting Unauthorized Content. 1H2O3 has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove illegal content from the Services. If any content that you own or have rights to has been posted on the Services without your permission and you wish to remove it, please follow the steps outlined in our Regulation concerning intellectual property.. If Your Content is considered to violate another person’s intellectual property, we will remove it upon receipt of appropriate notice. We will inform you of this event if it occurs.
E. Inappropriate, false or misleading content. This is common sense, but there are certain types of content that we do not allow to be published on the 1H2O3 Services (for legal or other reasons). You agree not to post any content that is abusive, threatening, defamatory, obscene, vulgar or in any other way offensive or in violation of our Regulations regarding prohibited items, Community Rules or any part of our Terms. You also agree not to post any content that proves to be false and misleading or to use the Services in a fraudulent or deceptive manner.
6. Your Use of the Services
License to use our Services. We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services-subject to the following terms and restrictions, including:
- A. Do not use our Services to break the law. You agree not to violate any law in your use of the Services. This includes all local, state, federal and international laws that may apply to you. For example, it is your responsibility to obtain any permits or licenses that may be required for your shop; you may not sell any item that violates any law; and you may not commit fraud, theft, or any other crime against 1H2O3, another 1H2O3 user, or a third party.
- B. Pay your bills. You are responsible for payment of all fees owed to 1H2O3. You are also solely responsible for collecting and/or paying any taxes applicable to any purchases or sales you make through our Services. Your fees, bills, taxes and how you pay them are fully explained in our Fees and Payments Regulations.
- C. Don’t steal our content. You agree not to “mirror”, ” screenshot”, or “index” any page of the Services, and not to reverse engineer or attempt to obtain the source code of the Services. If you wish to use our API, please follow our Terms of use of APIs.
- D. Do not attempt to interfere with our systems. You agree not to interfere with or attempt to disrupt our Services, such as by spreading a virus or other harmful computer code.
- E. Comply with our Trademark Policy. The names “1H2O3” and other 1H2O3 symbols, phrases, logos and designs used by us in connection with our Services are trademarks, service marks or trade dress of 1H2O3 in the United States and other countries. If you wish to use our trademarks, please respect our Trademark regulations.
- F. Share your ideas. We love your suggestions and ideas! It can help us improve your experience and our Services. Any unsolicited ideas or other items you submit to 1H2O3 (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, transferable, perpetual license to use and publish these ideas and articles for any purpose, without receiving consideration.
- G. Contact us online. 1H2O3 will provide you with certain legal information in writing. By using our Services, you agree to comply with our Regulation concerning electronic communications, which describes how we provide you with this information. It states that we can send you information electronically (by email, etc.) instead of sending you hard copies by mail (let’s save the environment), and that your electronic agreement has the same value as your signature on paper.
7. Termination
Termination by you. We don’t like to have you leave us, but you can terminate your 1H2O3 account at any time from your account settings. Termination of your account will not affect the availability of certain items of Your Content that you posted through the Services prior to termination. One more thing, you will still have to pay all unpaid bills.
Terminated by 1H2O3. We can terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without prior notice. If this is the case, it is important to understand that you have no contractual or legal right to continue using our Services, for example to sell or buy on our websites or mobile applications. 1H2O3 may deny access to the service to any person at any time for any reason.
If you or 1H2O3 terminate your account, you may lose all information associated with it, including Your Content.
We may suspend the Services. 1H2O3 reserves the right to modify, suspend or discontinue any of the Services at any time, for any reason. We will not be responsible to you for the effect that any changes to the Services may have on you, including your income or ability to generate income through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service is terminated.
8. Warranties and Limitation of Liability (or things you cannot sue us for)
The items you purchase. You understand that 1H2O3 does not manufacture, store or inspect any of the items sold through our Services. We just provide the place where the transactions occur; the items listed on our sales platforms are produced, posted and sold directly by independent sellers, and therefore 1H2O3 cannot guarantee, and makes no warranties regarding their quality, safety or even legality. Any legal action related to an item you purchase must be brought directly against the seller of the item. You release 1H2O3 from any and all claims related to items sold through our Services, including defective items, misleading information from sellers, or items that have caused personal injury (such as product-related claims).
The content you access. You may come across items that you find offensive or inappropriate while using our Services. We do not make any representations about any content posted by users through the Services. 1H2O3 is not responsible for the accuracy, copyright compliance, legality or decency of user-published content accessed through the Services. You release us from any liability related to this content.
People you interact with. You may use the Services to interact with others, either online or in person. However, you understand that we do not monitor the actions of all users of our Services, and you release us from any liability related to your interactions with other users. Be aware and use caution and good judgment in any interaction with others, especially if you are physically meeting someone.
Third-party services. Our Services may contain links to third-party websites or services that we do not own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third-party product or service in order to use some of our Services (such as a compatible mobile device to use our mobile applications). When you access these third-party services, you do so at your own risk. These third parties may require you to agree to their own terms of use. 1H2O3 is not a party to these agreements; they are solely between you and the third party.
Warranties. 1H2O3 strives to make our Services the best they can be, but we are not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without warranty of any kind (express or implied). We expressly disclaim all warranties of title, non-infringement, merchantability and fitness for a particular purpose, and all warranties implied by contract performance, course of dealing or usage of trade.We do not warrant that : (i) the Services shall be secured or made available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Limitations of liability. To the fullest extent permitted by law, neither 1H2O3 nor our employees or directors will be liable to you for any loss of profits or revenue, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall 1H2O3’s total liability for any damages exceed the greater of one hundred (100) CHF or the amount you have paid to 1H2O3 in the last twelve months. Some areas do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
9. Indemnity (or what happens if you sue us)
We hope this never happens, but if 1H2O3 is sued because of something you did, you agree to defend and indemnify us. This means that you will defend 1H2O3 (including any of our employees) and hold us harmless from any legal action or demand (including reasonable attorneys’ fees) arising out of your actions, your use (or misuse) of our Services, your violation of the Terms, or the violation of your account or the rights of others.
We reserve the right to conduct our legal defense in any manner we deem appropriate, even if you indemnify us, in which case you agree to cooperate with us so that we can help you execute our strategy.
10. Disputes with other users
If you find yourself in a dispute with another user of the 1H2O3 Services or a third party, we encourage you to contact the other party and attempt to resolve the dispute amicably.
Litigation system. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps can use our Dispute System. 1H2O3 will try to help you resolve disputes in good faith and solely on the basis of our interpretation of our rules, in our sole discretion; we will not make any judgments regarding lawsuits or legal matters. 1H2O3 is not bound by any dispute resolution obligations.
Release 1H2O3 from all liability. You release 1H2O3 from all claims, demands and damages arising from disputes with other users or parties.
11. Disputes with 1H2O3
If you are upset with us, let us know, and we hope we can solve your problem. But if we can’t, then the following rules will govern any legal dispute involving our Services:
A. Applicable Law. The Terms shall be governed by and construed in accordance with the laws of Switzerland, excluding its conflict of laws rules. These laws will apply no matter what country you live in.
B. Arbitration. You and 1H2O3 agree that any dispute or claim arising out of or in connection with the Terms shall be finally settled by arbitration, in the French language, in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in effect on the date the notice of arbitration is filed in accordance with those Rules. (such rules are deemed to be incorporated by reference into this section). Our arbitration will be conducted by a single arbitrator in accordance with these rules. Any arbitration pursuant to the Terms shall be conducted on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to abide by the Terms, you and 1H2O3 each waive the right to a jury trial or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of appropriate jurisdiction for injunctive or other equitable or protective relief, pending a final decision by the arbitrator.
C. Court. We are based in Lucerne, Switzerland, so any legal action against 1H2O3 related to our Services must be brought and take place in Zurich. This means that the seat of any arbitration will be Zurich. For any legal action not subject to arbitration, you and 1H2O3 agree to submit to the personal jurisdiction of a state court located in Zurich, Switzerland.
12. Changes to the Terms
We may update these Terms from time to time. If we believe the changes are material, please be assured that we will notify you by taking one (or more) of the following actions: (1) publishing the changes through the Services or (2) sending you an email or message addressing the changes. This way, you can decide if you want to continue using the Services. The changes will take effect upon publication. You are responsible for reviewing and acknowledging any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Some legal subtleties
The Terms, including all rules that constitute them, supersede any other agreement between you and 1H2O3 regarding the Services. If any part of the Terms is found to be invalid, that part shall be limited to the minimum extent necessary so that the Terms otherwise remain in full force and effect. Our failure to enforce any part of the Terms does not constitute a waiver of our right to subsequently enforce that part or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact details
If you have any questions about the Terms, please email us at: [email protected].
We are happy to provide this policy in the language of your choice, but it is important to understand that the French version of this document controls and governs your use of 1H2O3 services. You can change your language preference in your account settings.
