The Customer is solely responsible for (i) its use of the SwimmingCloud Service and specifically of the Content it stores and makes available to the public through the SwimmingCloud Service (ii) and the protection of its computer hardware against any virus or interruption.
SwimPro shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the SwimmingCloud Service, (ii) or any default of its obligations caused by force majeure or an unintentional cause.
Unless otherwise stated in the present Terms and Conditions, SwimPro does not grant any guarantee of any kind to the Customer, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose. SwimPro shall not make any backup copies of the hosted Content. The Customer shall take all the necessary measures to create a backup copy of its Content in case of loss and/or damage of the hosted Content on the SwimmingCloud Service, for any cause, but also in case of deletion of the account of the Customer under the conditions defined in Article 9.3.
The Customer shall be liable for any third party complaints, claims or oppositions, and more generally any third party action or claim against SwimPro arising out of the Customer's use of the SwimmingCloud Service.
The Customer shall defend, indemnify and hold SwimPro, its affiliates, employees, officers, directors and shareholders harmless against any loss or damage (including reasonable attorneys' fees) incurred as a result of claims, suits, or proceedings brought against SwimPro by a third party arising out of (i) the Content stored and streamed on the SwimmingCloud Service or (ii) any breach by the Customer of its representations and warranties any failure and/or (iii) any alleged failure of the Customer to comply with any applicable law, rule or regulation.
SwimPro grants the use of the SwimmingCloud Service to the Customer for as long as the account is not terminated or suspended.
In the case the Customer wishes to terminate its subscription to the SwimmingCloud Service, the Customer shall notify SwimPro. Such termination shall be effective at the earliest convenience of SwimPro.
SwimPro reserves the right to terminate the account of the Customer to the SwimmingCloud Service in the case of a breach by the Customer of the present Terms and Conditions.
All amounts paid by the Customer shall remain, in all cases, the property of SwimPro.
In the case of a termination of the SwimmingCloud Service or of a breach of the Terms and Conditions by the Customer, SwimPro reserves the right to immediately and without advance notice or refund of any payments, suspend, the access of a Customer to the SwimmingCloud Service, temporarily or permanently, by deactivation of the SwimmingCloud account and without waiver of any other rights belonging to SwimPro.
You may use the SwimmingCloud Service only to store, retrieve, manage, and access Your Files using the features and functionality we make available. You may not use the SwimmingCloud Service to store, transfer or distribute content of or on behalf of third parties, to operate your own file storage application or service, or to resell any part of the Service. You are solely responsible for Your Files and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
The SwimmingCloud Service may provide features that allow you to share Your Files with others. You may only share Your Files in which you have all necessary copyright and other rights. If you share a file, anyone with access to that file may view and download copies of the file. You are solely responsible for how you share Your Files and who may access Your Files that you share. You may not share files (a) that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, (b) that advocate bigotry, hatred, or illegal discrimination, or (c) if sharing those files violates any law, any intellectual property, publicity, privacy, or other right of others, or any license or other agreement by which you are bound.