PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE GOODWALL APPLICATION (“GOODWALL APP”).
THE GOODWALL APP IS EITHER A MOBILE APP, DOWNLOADED AND INSTALLED ON A COMPATIBLE MOBILE DEVICE FROM THE APPLE STORE OR GOOGLE PLAY STORE (“MOBILE APP”), EITHER A WEB APP ACCESSED VIA A WEB BROWSER APPLICATION ON A COMPATIBLE COMPUTING DEVICE (“WEB APP”).
BY DOWNLOADING, INSTALLING AND/OR USING THE GOODWALL APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS END-USER LICENSE AGREEMENT (“EULA”) AS WELL AS THE TERMS AND CONDITIONS FOR REGISTERED USERS (“TERMS & CONDITIONS”). IF YOU DO NOT AGREE TO THE TERMS OF THESE AGREEMENTS,DO NOT INSTALL OR USE THE GOODWALL APP. IF THERE IS ANY INCONSISTENCY BETWEEN THE EULA AND THE TERMS & CONDITIONS, THE TERMS & CONDITIONS WILL PREVAIL TO THE EXTENT OF INCONSISTENCY.
This End-User License Agreement (“EULA”) is between you, the end-user, and Goodwall SA, 15 Avenue de Sécheron, 1202 Geneva (“Goodwall”) and covers your use of the Goodwall App. Goodwall is solely responsible for the Goodwall App and its content, not Apple Inc. or Google Inc.
Goodwall grants you a revocable, limited, non-exclusive and non-transferable license to use the Goodwall Web App (including any upgrades to, or new versions of this app) on any Windows OS-, Apple iOS- or Android OS-based device that you own or control and/or to use the Goodwall MobileApp (including any upgrades to, or new versions of this app) on any Apple iOS- or Android OS-based device that you own or control, and as permitted by the rules set out in the App store or the Google Play Store Terms of Service/Use.
You may not, nor allow third parties on your behalf to, sub-license, copy, reproduce, transfer, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of this app, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or such use is permitted by prior written statement of Goodwall).
To use the Goodwall App, you must register as a Goodwall community member. To become a registered member of our community, you need to create a user account by providing Goodwall with your name, birth day, e-mail address, phone number and a password or by connecting via your phone number, or with the existing Login of social media applications if Goodwall provides such option.
You are solely responsible for the content you post or publish on the Goodwall App. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated the content. You are responsible for any content you share, even if already available on the Goodwall App.
This commitment includes that you are solely responsible to comply with the terms and conditions of external service providers, for example, when posting content in the form of an embedded video hosted and distributed by that external service provider.
Goodwall uses moderators to flag and remove inappropriate and objectionable content. There is no tolerance for objectionable content. Goodwall will act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content. Users who violate the terms of the EULA will be ejected from the Goodwall App (their accounts will be deleted by the Goodwall Content Management Team).
By downloading, installing and/or using the Goodwall App you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Because the Goodwall App is free, Goodwall does not provide any maintenance or support for it. To the extent that any maintenance or support is required by applicable law, Goodwall, not Apple Inc. or Google Inc., shall be obligated to furnish any such maintenance or support.
Goodwall reserves the right at any time to modify or discontinue, temporarily or permanently the App (or any part thereof) with or without notice. You agree that Goodwall shall not be liable to you or any third party for any modification, suspension or discontinuance of the App.
The Goodwall App is provided for free on an “as is” basis. As such, Goodwall disclaims all warranties about the Goodwall App to the fullest extent permitted by law. To the extent that warranty exists under law that cannot be disclaimed, Goodwall, not Apple Inc. or Google Inc., shall be solely responsible for such warranty.
We do our utmost best to keep our App safe and secure. We use reasonable skills and care to create an error-free community that is available to you from different locations and by using different devices. However, we cannot guarantee that our App will function without any disruption, delay or imperfection. We offer our App “as is” and “as available”. We assume no responsibility or liability for errors or omissions on the App, provided that we have acted with reasonable skill and care. Your access and use of our App is at your own risk. Even though we continuously monitor the content available on our App, we cannot verify the correctness, accuracy or reliability of third-party content, including students’ curriculum vitae documents. We, or our agents, cannot be held liable for any direct, indirect, incidental, punitive or special damages, arising out of your access to our App and the use of or inability to use it.
If this exclusion of liability is held by a court of competent jurisdiction to be contrary to law, the total liability of Goodwall for all damages will not exceed CHF 10,00. To the extent that liability cannot be excluded by law, Goodwall, not Apple Inc. or Google Inc. is responsible for addressing any claims relating to the Goodwall App.
You shall indemnify, hold harmless and defend Goodwall from and against any and all third-party claims, liabilities, damages and expenses (including attorneys’ fees) incurred by Goodwall as a result of any breach of this EULA by you, as a user.
You may, at any time, terminate this license for any reason. If Goodwall is required by law or if you have violated the scope of this license, the terms of the EULA, the Terms & Conditions or any other policies, Goodwall may suspend or permanently disable your account, terminate your access to the App, deactivate or delete your account and all related information and files, or bar your access to any of such files or Services. We can take such decision at our own discretion, without your prior consultation, without liability to you and at any time. Where appropriate you will be informed about our decision the next time you try to access your account. Upon termination of the license (i) the rights and licenses granted to you shall terminate, and (ii) you shall immediately cease all use of this app, and delete all copies, full or partial, of this app.
Goodwall retains all titles and intellectual property rights on any content displayed on or available through the Goodwall App, including its source code. Goodwall, including the logo, is a registered trademark of Goodwall SA. All rights in respect of this trademark are expressly reserved to Goodwall. Unless otherwise indicated, all other trademarks appearing on Goodwall are the property of their respective owners.
In the event of any third-party claim that the Goodwall App or your possession and/or use of the App infringes that third party’s intellectual property rights, Goodwall, not Apple Inc. or Google Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
If any provision of this EULA is held by a court of competent jurisdiction tobe contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
If you would have a question, concern or a complaint about the Goodwall App, please contact us at firstname.lastname@example.org.
Legal disputes that would arise from this EULA or the Goodwall App, are in principle governed by Swiss law and will be subject to the exclusive jurisdiction to the ordinary courts of Geneva, Switzerland. No effect shall be given to any other choice-of-law or conflict-of-laws rules or provisions, unless the dispute is subject to deviating provisions applicable.