TMEP's general

Terms and Conditions

TMEP offers you the possibility to publish your Picture on our website. To proceed in publishing your picture on TMEP, you have to accept our General Terms and Conditions (hereinafter the Terms and Conditions). By accepting these General Terms and Conditions, you signify that you have read the Terms and Conditions thoughtfully and that you agree with our Terms and Conditions.


Your Content and Conduct

By accepting the Terms and Conditions, you confirm that you will comply with all applicable laws and regulations. You shall be solely responsible for your picture and text (hereinafter the Content) and the consequences of submitting and publishing your Content on TMEP. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit. TMEP declines every responsability and liability for the Content you publish on TMEP.


TMEP’s Right to Remove Unlawful Content

In breach of the Terms and Conditions and / or any applicable law or regulation, TMEP has the right to remove your Content irrevocably from TMEP without prior notification. In this case, you are not entitled to any compensation or repayment by TMEP. You agree to indemnify TMEP against any damage that may arise from your use of TMEP (cf. para. X). In addition, if you violate any applicable law or regulation TMEP reserves the right to disclose any information that you transmit during your use of TMEP to public authorities to hold itself harmless. TMEP has the right to remove unlawful content, equally applicable if you upload more than one picture.


License to TMEP

You retain all of your ownership rights in your Content. But you license to TMEP all intellectual proprietary rights (especially copyrights) in your picture and your text necessary for publication on TMEP and projects related to TMEP. By submiting your picture to TMEP you hereby grant TMEP a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the picture and text in connection with TMEP and its business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.


Limitation of Liability

In no event shall TMEP and ist associates be liable to you for any direct or indirect damage whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use uf TMEP, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therin, (IV) any interruption or cessation of transmission to or from TMEP, (IV) any bugs, viruses trojan horses, or the like, which may be transmitted to or through TMEP by any third party, and/or (V) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content made available via TMEP, whetehter based on warranty, contract, tort, or any other legal theory. The foregoing limitation of liability shall apply tot he fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that TMEP shall not be liable for contet or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.


Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless TMEP and its associates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to TMEP; (ii) your violation of any term of the Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of TMEP.


Governing Law and Jurisdiction

Your relationship with TMEP and the Terms and Conditions are governed by Swiss law. You and TMEP agree to submit to the exclusive jurisdiction of the courts of the canton of Zürich, Switzerland to resolve any legal matter arising from the Terms and Conditions and your relationship with TMEP.

Zürich, November 1, 2011