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Terms of Service

General

BGS Crossmedia Sàrl (“BGS” or “we”) welcomes you to its website. Myofficialstory.com (“MyOfficialStory” or "Site"). MyOfficialStory is a tool that allows members of MyOfficialStory ("Members") to create unique personal profiles online in order to promote their image through various media (e.g. email, internet, paper magazines).

This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of MyOfficialStory Services (as defined under Section Description of the Services). By using MyOfficialStory Services, you agree to be bound by this Agreement. If you wish to become a Member, and make use of the MyOfficialStory Services, you must read this Agreement and indicate your acceptance during the registration process. All references to "User" or "Users" shall be deemed to include Members.

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the MyOfficialStory Services. You may terminate your membership at any time, for any reason, by following the instructions on “My Profile”. Even after membership is terminated, without prejudice to the obligations and liabilities resulting and originating in the period of your membership, you will continue to be bound by certain obligations arising out of your former status as a Member. You will continue to be liable for any damages or loss arising out of or in connection with your membership under this Agreement and you will continue to be obliged to abide with the rules set out in this Agreement concerning the material and information obtained during your membership as well as the use thereof and you will be liable for any loss or damage resulting from the misuse of this material or information by you or by third parties and you will have a continuing obligation to indemnify and hold harmless BGS under the terms of this Agreement against any loss as set out under Section Indemnity.

Registration

If you want to use the MyOfficialStory Services, you must first register with MyOfficialStory by completing and providing complete, true and accurate contact information on the MyOfficialStory enquiry form available on “Register”. By submitting your registration to BGS, you explicitly agree to be bound by this Agreement as well as any revised or renewed versions thereof, as will be published on the Site or as may be otherwise notified to you by BGS. BGS reserves the right, at its sole discretion, to refuse or reject your registration.

You may at your choice refuse to communicate such information to BGS. Such refusal may however represent an obstacle to any entry into business relations or the pursuit of business relations between you and BGS.

In consideration of your use of the Services, you represent that you are of legal age to form a binding contract under the law applicable to you and that you are at least 18 years of age and are not a person barred from receiving services under the laws of the Grand Duchy of Luxembourg or any other applicable jurisdiction. You agree and represent to (a) provide true, accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to MyOfficialStory; (d) keep it accurate, current and complete; and (e) comply at any time with the terms of the present Agreement.

You agree not to use (i) the identification of a Member or of any other person in order to usurpate its identity; (ii) someone else's name without authorization; or (iii) an identification that BGS deems at its sole discretion inappropriate or offensive. Any usurpation of someone else's identity or communication of incorrect or false information by you are subject to criminal and civil sanctions and may lead to your immediate exclusion from the Services of MyOfficialStory, without prejudice to any other sanction or liability under this Agreement or applicable law.

Whenever BGS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BGS has the right to suspend or terminate this Agreement and refuse any and all current and future use of the Services (or any portion thereof), without prejudice to any other sanction or liability under this Agreement or applicable law.

Description of the Services

BGS provides Members with access to a rich collection of resources, including data storage, ready to use templates, distribution assistance,… (the "Services"). You also understand and agree that the Services may include advertisements and that these advertisements are necessary for BGS to provide the Services. You also understand and agree that the Services may include certain communications from BGS, such as service announcements and administrative messages, and that these communications are considered part of MyOfficialStory membership and you will not be able to opt out of receiving them. BGS does not take any liability for advertisements placed on the Site in whatever form. BGS does not control or monitor the content of advertisements. Any advertisement is published on the Site in the sole responsibility of the advertising company.

Fee Structure

All our prices are excluding VAT. For more details, see our price list.

Use of the Services

You agree to use the Services only for purposes that are permitted by (i) this Agreement and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

Unless you have been specifically permitted to do so in a separate agreement with BGS, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

Content in the Services

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". BGS does not accept any liability for Content.

You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to MyOfficialStory. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content, either in whole or in part unless you have been specifically told that you may do so by BGS or by the owners of that Content, in a separate agreement.

You agree that you are solely responsible for any Content that you create, transmit or display while using the Services and for the consequences of your actions by doing so.

You agree and represent that you will not create, transmit or display any Content which is inappropriate having regard to the purpose or the general policy of the Site or in violation of any applicable law.

You agree to indemnify and hold harmless BGS against any loss, damages or actions arising out of your creating, transmitting or displaying Content in violation of this Agreement.

BGS reserves the right to remove at any time and without prior notice or to request the Member to remove any Content or any other information which is deemed at the sole discretion of BGS to be in violation of the present Agreement or in the event of suspicion of such a violation.

Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Statement.

Member conduct

You understand that the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BGS and/ or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services and you agree to comply with the rules applicable of such providers, as applicable to the relevant Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.

The placing of advertisement on the Site is subject to a separate and express approval by BGS and may be subject to special conditions and additional fees.

Intellectual rights

The content, photos, images, information, data and other materials on or available through the Site are the exclusive property of BGS and protected by copyright and other forms of proprietary rights. You may not copy, reproduce, distribute, publish, modify, transmit, create derivate works, except that you may download materials and data from the Services or print a hard-copy version for personal and non commercial use only and provided that you keep all copyright or other proprietary rights intact.

Trademarks

MyOfficialStory logo, “S”, "Straight from the Source" and other MyOfficialStory graphics, logos, page headers, button icons, scripts, and My Official Story service names are trademarks or registered trademarks of BGS in Luxembourg and/ or other countries. BGS's trademarks may not be used in connection with any product or service that is not MyOfficialStory's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MyOfficialStory.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services ("Submissions"), provided by you to MyOfficialStory are non-confidential and shall become the sole property of BGS, unless otherwise agreed. BGS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Disclaimer of Warranties

Except as expressly provided otherwise in a written agreement between you and BGS, all information accessible via this Site is provided on an "as is" basis. BGS can in no way make any warranties, either explicitly or implicitly, nor assume any liability whatsoever with regard to the use of this information.

The User is solely liable for the use of this information. BGS makes no warranties that (i) the information contained in the Site is complete, accurate, valid or reliable; (ii) the Services will meet your requirements or; that (iii) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations.

Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

BGS encourages any User to verify the accuracy and validity of the information available on the Site and to notify BGS in case of doubts as to the accuracy and validity of available information.

Limitation of Liability

BGS or its managers, employees or agents may not be held liable for any loss or damages of any kind arising from the use of the Site or the Services, from any information, content, materials, products or services included on or otherwise made available to you through this Site or downloaded from the Site, including direct, indirect, incidental, punitive, consequential damages and any other kind of loss or damages. In no event, BGS shall be liable for any delays, inaccuracies, errors, omissions, interruption or lost data, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Member communication. The liability limitation applies even if BGS is aware or has been advised of the possibility of such damages. In no event shall BGS be liable for loss and damage resulting from circumstances which are beyond its control.

Indemnification

Nothing in this Agreement, including Sections Disclaimer of Warranties and Limitation of Liability shall exclude or limit BGS's liability for losses which may not be excluded by law under the applicable law. In no event, shall BGS's liability to you for any damages, losses or causes whatsoever, and regardless of the form of the action, exceed the amount of fees paid, if any, by you to BGS for the Services during the term of membership. You acknowledge that if no fees are paid to BGS for the Services, you shall not be entitled to damages of any kind from BGS, regardless of the cause of action.

Interruption of Service

BGS may have to interrupt the Internet service, in whole or in part, without advance notice, for reasons of absolute necessity because of the occurrence of an event which is independent of BGS's will. BGS shall, to any possible extent, take any required steps to reestablish the connection within a reasonable timeframe. However, BGS is in no way liable for such interruptions nor for any delay in the reestablishment of the connection.

Links

This Site may contain links to other websites. These websites are not necessarily investigated, monitored or checked for accuracy or completeness by BGS and BGS is not responsible for the content, accuracy or opinions expressed on such websites, or any loss or damage suffered by you if you choose to follow such links or to use such websites. Inclusion of any linked website on the MyOfficialStory Services does not imply approval or endorsement of the linked website by BGS. When you access these websites, you do so at your own risk and you waive any and all claims against BGS in regard to the provision of such links to other websites or your use of those websites.

Access from a foreign jurisdiction

To the extent that the Site may be accessed from any foreign location, it is up to the User who connects itself to this Site to abide by the legislation of its country of residence or of connection. Access to the information contained on this website from any foreign jurisdiction is made at the User's own risk. Such person will bear any direct or indirect consequences ensuing from an infringement of the relevant legal and regulatory provisions. BGS is in no way liable for any such infringement. The User is also aware and agrees that the access and use of the Site is governed by Luxembourg law.

Termination

The terms of this Agreement will continue to apply until terminated by either you or BGS as set out below.

You may terminate this Agreement with immediate effect at any time. You may do so by deleting all the contents, including your personal data and photo originated by you on the Site and any copies thereof.

Without limiting other remedies provided for by law, BGS may, at any time, limit, suspend or terminate this Agreement and your use of the MyOfficialStory Services with immediate effect, automatically and without recourse to the courts if, inter alia, BGS deems in its sole discretion that you are in breach of this Agreement or any applicable law or in another way creating problems, possible liabilities, acting inconsistently with the letter or spirit of MyOfficialStory's policies, usurpating someone else's identity, providing incorrect or false information, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities or for other similar reasons or in default of payment of any fees owed by you in connection with the Services.

Upon BGS's decision to limit, suspend or terminate this Agreement or upon a termination of this Agreement from your side, you expressly agree (i) to delete the contents originated by you on the Site and any copies thereof, whether amended, written, printed or under any other form or (ii) to send them to the BGS's address at your costs and expenses.

Miscellaneous

Entire Agreement

This Agreement constitutes the entire agreement between you and BGS regarding the use of the MyOfficialStory Services.

No Waiver and Severability

The failure of either party to enforce any of its rights under this Agreement shall not be considered a waiver of that party’s right to enforce said right or provision or any other provision included herein. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions thereof.

Indemnity

You agree to indemnify, defend and hold BGS harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, made by any third party or any other Member or User due to or arising out of (i) your violation of the terms and conditions of this Agreement, any applicable law or regulation; (ii) your use of the Services or the Site or your conduct in connection with the Services or the Site; (iii) your unlawful use of Members' personal information or (iv) any breach of copyright or intellectual property in the material to be edited, written or distributed, or any, defamatory or misleading statements or material contained therein.

Governing Law and Jurisdiction

This Agreement, its validity and effect shall be interpreted under, and governed by, the laws of the Grand Duchy of Luxembourg and shall be considered to have been made and accepted in the Grand Duchy of Luxembourg. All suits that may be brought in regard to this Agreement, or any aspect of the relationship between the parties, shall be subject to the exclusive jurisdiction of the Grand Duchy of Luxembourg.

Amendments

BGS reserves the right, at its sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If BGS does this, it will post the changes to this Agreement on this page and will indicate at the top of this page the date this Agreement was last revised. Your continued use of the Services or the Site after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by these or any future Terms of Service, you agree that you will not continue to use or access the Services or Site upon notification of the changes and terminate the Agreement by deletion of your account in due course after the notification of the changes. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

Last modification: Novembre 17th November 2008

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