Following this introduction, you will find a relatively important legal message. Please read it.
Within 1H2O3, we talk a lot about the importance of humanity, honesty and transparency in our communications. So, before reading this important legal text, we would like to share with you some thoughts in a humane and honest way.
- 1H2O3 believes in the power of APIs to empower the talents of developers from around the world to create new applications that enhance the usefulness of 1H2O3 and help build the world’s most dynamic environmental marketplace.
- We are trying to make 1H2O3 a profitable and sustainable company. Thus, there are several important directives in our APIs related to “commercial use” and redirection of transactions on 1H2O3. Please pay special attention to these articles.
- We are constantly evolving 1H2O3. com to improve it, developing new features and providing more benefits to buyers and sellers. It is possible that current or future 1H2O3 product development forecasts may have some similarities with products or features already implemented by a developer. This overlapping functionality occurs in most API communities.
- Most of the content on 1H2O3 (with the notable exception of our blog) is generated by users. Images, descriptions and stories about the items on sale (among others) belong to the members of 1H2O3, and not to 1H2O3. As part of this API, we grant a sub-license to reuse this content “in the spirit of 1H2O3”. This is, by its very nature, a subjective statement, and 1H2O3 must reserve the right to determine – as fairly as possible and taking into account the interests of 1H2O3 members as a priority – whether or not an application adheres to the “spirit of 1H2O3”. We believe that most applications will actually be in line with the spirit of 1H2O3.
- 1H2O3 supports developers, and we also want the entire community – not only buyers and sellers, but also developers – to succeed. Some developers do this because they are passionate about coding, some do it for fun, and some do it to make money. The coding is not so different from creation. 1H2O3 salespeople become experts in their fields of expertise. So, once again, please read the article on “commercial use”carefully. We want developers to be able to make money in exchange for the effort they put into creating 1H2O3 applications. We also want to make 1H2O3 a profitable and sustainable company that can empower people to change the global economy.
Thank you for joining 1H2O3. If you have any questions, please contact us at nicolas@1H2O3.com. We welcome you and look forward to working with you.
Conditions d’utilisation des API
1. Permitted uses and restrictions of APIs.
Subject to full compliance with the Terms and Conditions, 1H2O3 (“1H2O3”) hereby grants You a limited, personal, non-transferable, non-transferable, non-exclusive and revocable license to access and use the API only as necessary to create and operate websites and applications (collectively, the “Applications”) that meet all of the requirements and conditions set forth in the Terms and Conditions.
- Ensure that Your use of the API adheres, at 1H2O3’s sole discretion, to the spirit of 1H2O3.
- Take reasonable precautions to comply with the restrictions applicable to Members of 1H2O3, as indicated by the Members of 1H2O3, for example, including but not limited to, in their 1H2O3 profile, the general terms and conditions of sale of their 1H2O3 stores, or the description of their items, regarding the use of content published on 1H2O3 by 1H2O3 members (collectively, the “Member Content”); Remember that 1H2O3 does not own the Content of Members; 1H2O3 members own their own Content of Members.
- Provide links directly to product information and/or Image Content on the website, when the Application uses product information and/or images.
- Provide an email address displayed prominently on your Application so that third parties can contact You in case of questions or problems. You will respond to these requests for information within a reasonable time.
- Be solely responsible for all aspects of Your Application and any content on it, and for providing all necessary customer support to end-users as part of Your Application.
- Be sincere and honest with 1H2O3 and Your users regarding the Application.
You don’t have to:
- Use the API for any Application reproducing or attempting to bypass the Website verification process or attempting to replace the essence of the 1H2O3. com user experience.
- Try to circumvent any security measures or technical limitations of the API.
- Cache or store any Content or Contents of 1H2O3 Members other than for reasonable periods of time to provide service to 1H2O3 Members.
- Display the Content of articles or information and/or images relating to products older than six (6) hours in relation to the information appearing on the Website, other Content of 1H2O3 may not be older than twenty-four (24) hours in relation to the Content appearing on the Website.
- Use the API (or any 1H2O3 Members’ Content or Contents within the API) in any manner whatsoever or for any purpose in violation of any law or regulation, of any right of any person, including but not limited to intellectual property rights, privacy rights, or personality rights or to engage in any activities that would be in violation of any fiduciary relationship, local, state or local laws.
- Use the API in such a way as to interrupt the flow of conversations or otherwise and adversely affect the ability of other 1H2O3 Members to use the Website or the ability of any device to access the Website, the Content or any related services of 1H2O3, or to adversely affect the stability of 1H2O3’s servers.com or on the operation of other Applications using the API, or to transmit software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the API in a manner that exceeds the volume of reasonable requests or constitutes excessive or abusive use. By default, users are entitled to a set of 100 calls per day.
- Sell, rent, or sublicense the API or access to it.
- Modify, decompile, extend, restrict or expand the API or otherwise modify the API to any extent.
- Use the API in a manner that is detrimental to the interests of 1H2O3, the Website, any of its affiliates, the API or its program, or other users of the Website.
- Transmit spam or upload, post or otherwise transmit any Content that is inaccurate, harmful, obscene, defamatory, racist or otherwise offensive to others.
- Present Your identity or affiliation in an inaccurate or false way to 1H2O3, any person or company.
- Download, post, collect or store combinations of member IDs and passwords related to the Website.
- Download, post, post, collect, store, share, transfer, or process information or personal data about 1H2O3 Members unless specifically authorized by the members in question.
- Falsify headers or otherwise manipulate identifiers (including URLs) to conceal the origin of any Content transmitted through the Website.
- Provide, obtain or allow access to the Website to third parties unless expressly authorized by 1H2O3 for this purpose.
- Denigrate 1H2O3 or deliberately damage the reputation of 1H2O3’s name, image or customer base as part of Your Application or your participation in the API program.
ALL RIGHTS NOT EXPRESSLY CONFERRED IN THE TERMS AND CONDITIONS ARE HEREBY RESERVED BY 1H2O3 AND ITS LICENSORS.
1H2O3 et les autres illustrations, logos, dessins, en-têtes de pages, icônes de boutons, scripts et noms de services d’1H2O3 sont des marques déposées, des marques ou des présentations de marque d’1H2O3 (« Marques d’1H2O3 »). Sous réserve d’une conformité totale avec les Conditions et les Directives sur les marques d’1H2O3 telles que mises à Votre disposition, 1H2O3 Vous confère par les présentes une licence limitée, personnelle, non cessible, non transférable, non exclusive et révocable pour utiliser les Marques d’1H2O3 dans Votre Application.
- Vous ne devez pas utiliser ou modifier tous textes, logos, Marques d’1H2O3, couleurs représentatives d’1H2O3, toute mise en page d’1H2O3, ou une mise en page semblable à s’y méprendre à la mise en page d’1H2O3 de telle manière à pouvoir suggérer une approbation par, ou une affiliation à 1H2O3.
- Toute utilisation du logo d’1H2O3 ou des Marques d’1H2O3 doit être exploitée dans son intégralité et ne doit pas être modifiée ou utilisée de manière trompeuse.
- Vous ne devez pas utiliser une marque semblable à s’y méprendre aux Marques d’1H2O3.
- Toute utilisation du logo d’1H2O3 ou des Marques d’1H2O3 dans Votre Application sera moins visible que le logo ou la marque qui décrit essentiellement l’Application et Votre utilisation du logo d’1H2O3 ne sous-entendra pas toute approbation par, ou affiliation à 1H2O3.
- Vous pouvez publier, émettre des communiqués de presse ou publier des articles de blog de Votre Application uniquement si Vous déclarez qu’elle a été créée en utilisant l’API d’1H2O3 et que Vous ne sous-entendez d’aucune manière que Votre Application est approuvée ou certifiée par 1H2O3.
- Vous devez placer ou afficher la notification suivante de manière visible sur Votre Application :
“Le terme “1H2O3″ est une marque d’1H2O3. Cette application utilise l’API d’1H2O3 mais n’est pas approuvée ni certifiée par 1H2O3”
Sans limiter ce qui précède, 1H2O3 aura le droit d’effectuer des inspections d’assurance qualité des Applications et de refuser le droit d’utilisation des Marques d’1H2O3 si la qualité n’est pas satisfaisante pour 1H2O3, à sa seule discrétion.
3. Registration data
In consideration of Your use of the API, You agree to:
- Provide accurate, up-to-date and complete information about You when required by 1H2O3 at the time of registration and during the course of participation in the 1H2O3 API Program (the “Registration Data”), and to update and retain all such information in an accurate, up-to-date and complete manner at all times.
- Ensure the security of Your password and username, because You are responsible for all consequences related to any failure to do so.
- Assess and endorse all risks associated with Your use of the API, any Content or services, including any reliance on the accuracy, completeness, or usefulness of the Content and the risks of unauthorized access.
- Take all appropriate precautions against viruses, and ensure that Your networks, operating systems and software are configured appropriately according to Internet industry standards, including but not limited to security standards.
- Report immediately to 1H2O3 by email any security holes you discover at nicolas@1H2O3.com.
You are solely responsible for the proper protection and backup of data and/or equipment that You use in connection with the API and/or the Website. The interactivity and web services features of the Website are intended to be used by the person who authenticates his/her identity and who has legally received an API Key from 1H2O3 to the Website from 1H2O3 and/or its affiliates (“Registered Users”). By using the API and/or the Website in any way, You represent that You are a Registered User. You further consent and authorize 1H2O3 and/or its affiliates to verify Your Registration Data.
4. Commercial use of the APIIn general, reasonable commercial uses of the API are permitted. Examples include but are not limited to examples of unreasonable prohibited commercial use:
- The sale of the API, Member Content (which does not belong to You) or related services, or access to any of the foregoing.
- Charging fees to users for using or accessing the part or aspect of Your Application that integrates with the API or an aspect of 1H2O3 that 1H2O3 provides free of charge to Members of 1H2O3.
- The use of the API mainly to direct the flow of users to other websites or services not related to 1H2O3.
Examples of reasonable permitted commercial uses include::
- Billing fees to users for parts or aspects of the Application that do not integrate the API, such as selling your own products or services.
- The display of advertisements in your Application, as long as You do not mislead or abuse users.
- Any use expressly authorized by 1H2O3.
If You are not sure that Your Application is related to a reasonable permitted commercial use, or that You intend to exceed or have already exceeded the 100 calls per day limit, please contact us at nicolas@1H2O3.com and provide as much information as possible. We will be happy to process your request.
5. Your obligations and behaviour; use of services
You expressly agree that 1H2O3 and its affiliates have no responsibility or control over the Content that You, or other 1H2O3 Members, upload, post or otherwise transmit via the Website and/or API (including, but not limited to, any Content submitted on any forum) or any changes that You may make to the Content or Member Content. You agree that 1H2O3 and its affiliates may or may not (as determined in its sole discretion, and without obligation to do so) review Member Content before You upload, modify, publish or otherwise transmit Member Content. 1H2O3 does not represent that Your use of the Website, the Content, or the API complies with applicable laws or that Your use of the Website has been designed in accordance with applicable laws. In addition, 1H2O3 and its affiliates do not represent or warrant the honesty, accuracy, quality or reliability of any Content published, displayed, linked, transmitted or otherwise transmitted through the Website. 1H2O3 and its affiliates do not endorse any opinions expressed in or through any Content. You agree to be responsible for evaluating and assuming all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content. Unless expressly stated otherwise, 1H2O3 has the immediate right, but not the obligation, to modify or remove any Content from the Website at any time and/or terminate Your ability to access the Website and/or API without notice, in its sole discretion. You further acknowledge and agree that 1H2O3 may have content already under review or development at this time or in the future similar to the comments You provide to us or Your Application.
6. Modification of Terms and Conditions
1H2O3 reserves the right at any time and in its sole discretion, without liability to You or any third party, to modify, amend, restrict, restrict, suspend, refuse or terminate Your access or access by all users to the Website, the API, or any of the Content or services on the Website. Termination of a license to use the Website and/or API does not constitute termination of these Terms. 1H2O3 may modify these Terms and Conditions, including but not limited to the agreements and regulations incorporated herein by reference, at any time. In the event of a material change in any agreement or regulation by 1H2O3, notice will be posted on the Website, and upon implementation of any change in any agreement or regulation, the updated agreement or regulation, if any, will be posted via the above applicable link or any other successor link. You understand and agree that if You use the API or the Website, or any of the services offered in connection therewith after the date on which any of the foregoing conditions have been modified, then 1H2O3 will treat Your use as Your acceptance of the updated conditions.
7. Property rights
The Website, including but not limited to all Content and all intellectual property rights in and to it, is owned or licensed by 1H2O3, its affiliates, or our third-party content providers. You must not modify, decompile, or reverse engineer the design of any software (including, but not limited to, the API) that 1H2O3 or its affiliates make available to You, and You must not remove or modify any copyright, trademark, or other proprietary notices. Subject to the following paragraph, You acknowledge and agree that no right, title or interest in any Content is assigned to You as a result of Your use of such Content, the Website, the API or any services provided or otherwise made available through the Website.
1H2O3 and its affiliates do not claim ownership of Member Content and shall have no obligation of any kind whatsoever with respect to such Member Content, in any case except to the extent expressly agreed upon by express written agreement. You may not perform or authorize anyone to do anything with the Content without specific permission in accordance with the Terms.
For You and 1H2O3, You are also solely responsible for all aspects of Your Application.
8. Period of validity
9. Restriction of human use of the Website and use of the API
The API is the only supported method for users to access data programmable from 1H2O3 onwards. The 1H2O3 Website, including the Content and applications are published solely for the purpose of direct access by human users. Spiders “,” collectors “,” robots “and all other software or automated hardware designed to access,” read “or in any other way independently analyze the Website are prohibited unless expressly authorized by 1H2O3 for this purpose, for example, you agree not to:
- Make screenshots of pages on the 1H2O3 Website, even if these data are not available in the 1H2O3 API.
- Reverse the design of internal data sources used by the 1H2O3 Website, including flash applications of 1H2O3, even if these data are not made available in the 1H2O3 API.
- Access existing or internal APIs used by 1H2O3 but not made available through the public API.
10. Fees and payments
1H2O3 reserves the right to charge fees for future use of, or access to, the 1H2O3 API.
11. LACK OF GUARANTEE
1H2O3, THE AFFILIATES OF 1H2O3, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AND SERVICE PROVIDERS OF 1H2O3, PROVIDE THE WEBSITE, ANY OF THE FOREGOING ELEMENTS “IN THE STATE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1H2O3, ON BEHALF OF ITSELF AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AND SERVICE PROVIDERS AND SERVICE PROVIDERS OF 1H2O3, SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, ANY OF THE FOREGOING, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) THAT YOU HAVE OBTAINED FROM 1H2O3 WILL GIVE RISE TO ANY GUARANTEE WHATSOEVER. SOME STATES DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING WAIVER CANNOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT DIFFER FROM STATE TO STATE. THIS WARRANTY WAIVER IS AN ESSENTIAL PART OF THIS AGREEMENT.
12. LIABILITY LIMITATION
1H2O3, THE AFFILIATES OF 1H2O3 (IF APPLICABLE), OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR THE SUPPLIERS AND SERVICE PROVIDERS OF 1H2O3, SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES.
THE MAXIMUM TOTAL LIABILITY OF 1H2O3, AND (IF APPLICABLE) THE LIABILITY OF 1H2O3 AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THE RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS OF 1H2O3, TO YOU OR ANY THIRD PARTY MAKING A CLAIM AGAINST YOU OR THROUGH YOUR INTERMEDIARY AND IN ANY CIRCUMSTANCES ARISING FROM, OR UNDER THIS CONTRACT, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY AT 1H2O3 IN ACCORDANCE WITH THESE TERMS AND CONDITIONS OF USE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 100 CHF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO DAMAGES FOR BODILY INJURY WHICH, IN ACCORDANCE WITH APPLICABLE LAW, CANNOT BE SO LIMITED.
13. RELEASE FROM LIABILITY AND INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS 1H2O3 AND (IF APPLICABLE) THE AFFILIATES OF 1H2O3, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES, AND SUPPLIERS AND SERVICE PROVIDERS OF 1H2O3, FROM ANY AND ALL LIABILITIES ARISING OUT OF ANY CLAIMS, WARRANTIES, DAMAGES AND INTEREST.
15. Intellectual Property Regulations
The 1H2O3 Intellectual Property Regulations can be found here. Its terms and conditions are hereby incorporated into the Terms by this reference.
16. Terms and Conditions
Fair redress. You agree that any breach of the Terms will cause irreparable harm to 1H2O3 or its affiliates for which damages would be an inadequate remedy and, accordingly, you agree that any breach of the Terms will result in irreparable harm to 1H2O3 or its affiliates, In addition to the rights and remedies otherwise applicable in court, 1H2O3 or its affiliates shall have the right to a fair remedy, including both a preliminary and permanent injunction, if such violation occurs or is threatened. You waive any requirement to post a bond or other security in the event that 1H2O3 or its affiliates seek such an injunction.
No warrant. You acknowledge and agree that the relationship between You and 1H2O3 and its affiliates (if any) is that of independent contractors. Nothing in these Terms shall be construed as creating any partnership, employment agreement, mandate, joint venture or franchise relationship between 1H2O3 or any of its affiliates and You.
Waiver. Any express waiver or failure to immediately exercise any right under the Terms shall not constitute a continuing waiver or any prospect of default. Any waiver of the Terms must be made in writing and signed by the party against whom the waiver is sought. If any provision of the Terms is declared void by any law or regulation of any government, court or arbitrator, the parties agree that such provision shall be replaced by a new provision fulfilling the original purpose of the business, and the other provisions of the Terms shall remain in full force and effect.
Absence of third party beneficiary. You acknowledge and agree, unless otherwise expressly provided in the Terms, that there is no third party beneficiary in this Agreement.
Choice of legislation and dispute resolution.
The Terms are governed by the laws of Switzerland. These laws apply regardless of where in the world you live.
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.
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.
Entire Contract. The Terms constitute the entire agreement between You and 1H2O3 with respect to the subject matter hereof, and supersede all prior versions of the Terms and all prior agreements and representations (whether oral, written or otherwise) between You and 1H2O3. No amendment to the Terms shall be enforceable except by written agreement in writing and signed by an authorized representative of 1H2O3. You may not assign, sublicense, delegate or otherwise transfer the Terms or any rights hereunder, in whole or in part, whether voluntarily or by operation of law, and any attempt to implement the foregoing in violation of this provision shall be void. 1H2O3 expressly reserves the right to assign the Terms and to delegate any of its obligations hereunder. The Terms are enforceable and shall apply for the benefit of each party to them and their heirs, successors and permitted assigns.
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.