Legal

Terms of use

Welcome to 1H2O3. We are delighted to see you here again. Make yourself comfortable and have a good time, but please follow the rules of the house.

1. Acceptance of these Terms and Conditions

This document and the other documents we refer to below are the house rules, or what we officially call our Terms of Use (the “Terms” in short).

These Terms constitute a legally binding contract between you and 1H2O3.

This Agreement sets forth your rights and responsibilities in connection with your use of 1H2O3. com, our mobile applications and the services provided by 1H2O3 (“Services”). Read it carefully. By using any of our Services (even by simply browsing our websites), you agree to abide by these Terms. If you do not agree to abide by the Terms, you may not use our Services. Are you with us so far? All right, good reading!

2. Those other documents we mentioned

The 1H2O3 Services connect people around the world, both online and offline, to create, sell and buy unique goods. Here is a practical guide to help you understand the specific rules about yourself, depending on how you use the Services:

Our Vendor Rules.
If you sell any items through our Services, this policy applies to you. You can consult it by clicking here.

Our Buyers’ Regulations. If you use our Services to browse the Site or make purchases, this rule applies to you. You can consult it by clicking here.

Our Third Party Settlement. These rules apply to:

  • Intellectual Property Owners
  • Individuals requiring information from 1H2O3
  • 1H2O3 API users

All these regulations are part of our Terms and Conditions, so be sure to read the ones that concern you. Of course, you still have to read the rest of this document because it applies to everyone!

3. Your privacy

We know that you value your personal information, so we value it as well. Our Privacy Policy details how your information is used when you use our Services, and is also part of our Terms and Conditions, so please read them by clicking here.

4. Your account 1H2O3

You must create an account on 1H2O3 to use some of our Services. Here are some rules about 1H2O3 accounts:

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. The use of false information or impersonating another person or company through your account is not permitted.

C. Choose an appropriate username. Any user name that is offensive, vulgar, or otherwise infringes upon the intellectual property rights of others is in violation of the Terms.

D. You are responsible for your account. You are solely responsible for any 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 responsible for all activities. If you are registered as a business, you personally warrant that you have the authority to agree to abide by the Terms on behalf of the business. In addition, your accounts are not transferable.

E. Protect your password. As mentioned above, you are solely responsible for any activity on your account, so it is important to keep your account password secure.

F. Let us be clear about our relationship. These Terms and Conditions 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 do not claim it in any way. This includes everything you post using our Services (such as usernames, store names, profile images, product card photos, product descriptions, reviews, reviews, comments, videos, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights with respect to your Content and that you do not infringe or infringe the rights of third parties by publishing it.

B. Permission to Use Your Content. By publishing Your Content through our Services, you grant 1H2O3 a license to use Your Content. We do not claim ownership of Your Content, but we have permission to use it to help 1H2O3 run and grow. In this way, we will not infringe any rights you have over Your Content and we can help promote it.

 

C. Rights You grant to 1H2O3. (Legal language version of the last article. By publishing Your Content, you grant 1H2O3 a non-exclusive, international, royalty-free, irrevocable, irrevocable, transferable, perpetual license to use, display, edit, modify, reproduce, distribute, store, distribute, or otherwise use your Content, and prepare derivative works derived from Your Content to provide the Services and to promote 1H2O3, your 1H2O3 Store, or the Services generally, in all formats and through all networks, including through any 1H2O3 Services, third-party websites or advertising media.

It sounds like a lot, but we need it to keep 1H2O3 running. Consider these examples: If you upload a photo of a product sheet to your 1H2O3 shop, we have first of all the permission to make it visible to buyers, and then we can resize it to attract the eye of a buyer using our mobile application; if you publish a description in English, we can translate it into French so that a Parisian buyer can discover the story of your article; and if you publish a beautiful photo of your new disc filter, we can show it on our homepage, on one of our blogs or even on a bulletin board to help promote your business and 1H2O3.

D. Reporting of unauthorized content. 1H2O3 has great respect for intellectual property rights, and undertakes to follow appropriate legal procedures to remove illegal content from the Services. If content that you own or on which you own rights has been posted on the Services without your permission and you wish to remove it, please follow the steps outlined in our Intellectual Property Policy. If Your Content violates the intellectual property of another person, we will remove Your Content 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 refuse to publish on the 1H2O3 Services (for legal or other reasons). You agree not to post any content that is abusive, threatening, defamatory, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Articles Policy, Community Policy or any part of our Terms. You also agree not to post any content that is found to be false or misleading or to use the Services fraudulently or deceptively.

6. Your use of the Services

License to use our Services. We grant you a limited, non-exclusive, non-transferable, revocable, non-exclusive license to use our Services-subject to the following Terms and Conditions and restrictions, among others:

  • A. Do not use our Services to break the law. You agree not to violate any laws in connection with 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 items that violate any law; and you may not commit fraud, theft or any other offence against 1H2O3, another 1H2O3 user or a third party.
  • B. Pay your bills. You are responsible for the payment of all fees you owe to 1H2O3. You are also solely responsible for the collection and/or payment of all taxes applicable to any purchases or sales you make through our Services. Your fees, invoices, taxes and how you pay them are fully explained in our Fees and Payments Regulations.
  • C. Do not steal our Content. You agree not to “suck”,”take screenshots”, or “index” any page of the Services, and not reverse engineer or attempt to obtain the source code of the Services. If you wish to use our API, please follow our API Terms of Use.
  • D. Do not attempt to damage our systems. You agree not to attempt to disrupt or interfere with our Services, for example by spreading a virus or other harmful computer code.
  • E. Follow our Trademark Regulations. The “1H2O3” names and other symbols, expressions, logos and designs of 1H2O3 that we use 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 observe our Trademark Policy.
  • F. Share your ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other unsolicited articles that you submit to 1H2O3 (not including Your Content or articles that you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, international, royalty-free, irrevocable, irrevocable, assignable, perpetual license to use and publish such ideas and articles for any purpose, without compensation.
  • G. Contact us online. 1H2O3 will provide you with certain legal information in writing. By using our Services, you agree to abide by our Electronic Communications Policy, which describes how we provide this information to you. It indicates that we may send you information electronically (by email, etc.) instead of sending you paper copies by mail (let’s preserve the environment), and that your electronic consent has the same value as your paper signature.

7. Cancellation

Termination by you. We don’t like to see 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 elements of Your Content that You have posted through the Services prior to termination. One more thing, you will still have to pay all outstanding invoices.

Termination by 1H2O3. We may 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 so, it is important to understand that you do not have any contractual or legal right to continue to use our Services, for example to sell or purchase on our websites or mobile applications. 1H2O3 may refuse access to the service to any person at any time, for any reason whatsoever.

If you or 1H2O3 terminate your account, you may lose all information associated with it, including Your Content.

We may interrupt the Services. 1H2O3 reserves the right to modify, suspend or discontinue any of the Services at any time, for any reason whatsoever. We will not be liable to you for the effect that any modification of 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 termination of your access to the Service, or termination of your use of the Service.

8. Warranties and Limitation of Liability (or things for which you cannot sue us)

The items you buy. You understand that 1H2O3 does not manufacture, stock or inspect any of the items sold through our Services. We just provide the place where transactions occur; the items on our sales platforms are produced, posted online and sold directly by independent vendors, so 1H2O3 cannot guarantee, and does not make any 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 all liability for any claims related to items sold through our Services, including defective items, misleading information from vendors or items that have caused bodily harm (such as product-related claims).

The content you access. You may come across items that you find offensive or inappropriate when using our Services. We make no representation regarding any content posted by users through the Services. 1H2O3 is not responsible for the accuracy, copyright compliance, legality or decency of any content posted by users accessed through the Services. You release us from all liability for such content.

The people you interact with. You may use the Services to interact with others, whether online or in person. However, you understand that we do not monitor all the actions of users of our Services, and you release us from any responsibility for your interactions with other users. Be careful and exercise caution and good judgment when interacting with other people, especially if you meet someone physically.

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 to use some of our Services (such as a compatible mobile device to use our mobile applications). In accessing 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.

Guarantees. 1H2O3 strives to make our Services the best possible, 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 waive all warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as all warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as all warranties provided for in the performance of the contract, conduct of business or use of trade.We do not warrant that: (i) the Services will be secure or made available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free from viruses or other harmful materials; or (iv) the results of use of the Services will meet your expectations. You use the Services only 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 shall be liable to you for any loss of profits or income, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. The total liability of 1H2O3 for all damages shall in no event exceed the greater of CHF 100.00 or the amount paid by you to 1H2O3 in the last twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

9. Indemnification (or what happens if you sue us)

We hope that this will never happen, but if 1H2O3 is prosecuted because of something you did, you agree to defend us and indemnify us. This means that you will defend 1H2O3 (including any of our employees) and you will hold us harmless from any legal action or legal requirement (including reasonable attorneys’ fees) arising out of your actions, your use (or misuse) of our Services, your breach of the Terms or your violation of your account or the rights of others.

We reserve the right to take on our legal defense in the manner we deem appropriate, even if you indemnify us, in which case you agree to cooperate with us in such a way as to be able to assist us in executing 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 try 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 applications can use our Litigation System. 1H2O3 will attempt to assist you in resolving disputes in good faith and solely on the basis of our interpretation of our rules and regulations, in our sole discretion; we will not make any judgments regarding lawsuits or legal matters. 1H2O3 is not bound by any obligation to resolve disputes.

Release 1H2O3 from all liability. You release 1H2O3 from all liability for any claims, demands and damages arising from disputes with other users or parties.

11. Disputes with 1H2O3

If you are angry with us, let us know, and we hope we can solve your problem. But if we cannot, then the following rules will govern any legal dispute involving our Services:

A. Applicable law. The Terms are governed by and construed in accordance with Swiss law, with the exception of its conflict of laws rules. These laws will apply regardless of the country in which you live.

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 French, in accordance with the Swiss Chambers’ Arbitration Institution’s Swiss Rules of International Arbitration in force on the date on which the notice of arbitration is filed in accordance with these Rules. (these rules are deemed to be incorporated by reference to this Article). Our arbitration shall be conducted by a single arbitrator in accordance with these rules. Any arbitration in accordance with the Terms will be conducted on an individual basis: group arbitrations and class actions are not permitted. You understand that by agreeing to abide by the Terms, you and 1H2O3 agree to waive the right to a jury trial or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to take legal action in a court of appropriate jurisdiction for injunctive relief or other equitable or protective relief pending a final decision by the arbitrator.

C. Tribunal. 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 shall be Zurich. For all legal actions 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 and Conditions

We may update these Terms and Conditions from time to time. If we believe that changes are material, please be assured that we will notify you by taking one (or more) of the following steps: (1) posting the changes through the Services or (2) sending you an email or message about the changes. In this way, you can decide whether you wish to continue using the Services. The changes will take effect at the time of publication. You are responsible for reviewing and reviewing any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Some legal subtleties

The Terms and Conditions, including all the regulations that constitute them, replace any other agreement between you and 1H2O3 regarding the Services. If any part of the Terms is held to be unenforceable, that part shall be limited to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect. Our non-application of any part of the Terms does not constitute a waiver of our right to enforce that part or any other part of the Terms at a later date. We may assign any of our rights and obligations under the Terms.

14. Coordinates

If you have any questions about the Terms and Conditions, please email us at nicolas@1h2o3.com.

We are pleased to offer 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 the 1H2O3 services. You can change your language preference in your account settings.

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