0. PREFACE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

A) Applicability

These Terms of Use ("Terms") apply to your access to and use of any website (or "Services") of StudentsHostStudents ("SHS"), a web platform designed by the Zurich Center for Linguistics ("ZüKL," "us", "we") at the University of Zurich ("UZH"). Failure to use our Services in accordance with these Terms may result in, among other things, termination or suspension of your rights to use the Services and may subject you to legal action by StudentsHostStudents and/or severe civil and/or criminal penalties.

B) Changes

We reserve the right to make changes or modifications to these Terms, or any policy or guideline of our Services, at any time and in our sole discretion. Your continued use of our Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Accordingly, you should frequently review these Terms and applicable policies and guidelines to understand the terms and conditions that apply to your use of the Services.

1. ELIGIBILITY, REGISTRATION AND ACCOUNT

You must be at least 18 years old to access or use the Services. By registering to use our Services, you represent that you are at least 18 years old.

In order to access certain areas and features of our Services, you will need to register for an account using either your email address or your UZH/ETH login credentials, depending on whether you are registering as a host or as a guest. If you register with your email address, you agree to create a unique password that you do not use with any other online product or service.

By registering for an account, you further agree to

1. provide accurate, truthful, current and complete information;
2. maintain and promptly update your account information upon any changes;
3. maintain the security of your account by protecting your password and restricting access to your account;
4. promptly notify StudentsHostStudents if you discover or otherwise suspect any security breaches related to the Services; and
5. take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access.

2. PURPOSE, SCOPE AND RESTRICTION

StudentsHostStudents (this platform) was created to connect visiting students with available non-commercial places to sleep for the duration of their temporary stay (due to a conference here, for example). It was developed by the Zürcher Kompetenzzentrum Linguistik (ZüKL). The ZüKL is not offering or promoting this service on behalf of the University of Zurich, but rather as a free to use service to those involved in academic travelling.

As such, hosts are not supposed to charge guests for giving them a place to sleep, though they may ask for reasonable contributions to food costs if guests decide to eat with the hosts and a price range is agreed on beforehand.

Since this platform was created for visiting students to Zurich, rather than as a global service, hosts are restricted to students of the University of Zurich or of the ETH.

3. INTERACTIONS WITH OTHER MEMBERS

A) You Have Sole Responsibility When Interacting with Other Members

Our Services provide a platform for guests to learn about UZH/ETH students willing to host them and for communication between the two parties. StudentsHostStudents is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services if a conversation message or offer is reported.

Remember, StudentsHostStudents is just a platform that enables students from outside/abroad to find opportunities to stay with local students here for conferences and the like. We cannot be responsible for the interactions that you have with visiting/hosting students, so please use good judgment and keep safety in mind when you use our Services.

B) Identity Verification

We cannot and do not confirm each member's identity. Our hosts can only log in as hosts if they use their university's login credentials, but we can not guarantee they didn't compromise those login credentials in some way.

Also, currently, the only information about guests we can and do check is their email address, but our hosting members are encouraged to ask for Student ID scans and to ask the guest's professors to vouch for the guest.

In the end though, You are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. StudentsHostStudents does not represent or warrant that our tools are sufficient to determine whether it is appropriate for you to interact with another member.

Further, we do not endorse any persons who use or register for our Services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the Services (other than requiring activation through a confirmation email for guests).

We encourage you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.

C) Release

Because our Services are merely a platform, in the event that you have a dispute with one or more members, to the fullest extent permitted by applicable law you release us (and our staff and directors, as well as our superiors in the UZH and the UZH itself) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

4. MEMBER CONDUCT AND CONTENT

The Services include interactive areas where you or other members can create or post content and messages on the Services (collectively, “Member Content”). You are solely responsible for your use of such interactive areas and agree that your use of these areas is at your own risk.

A) Member Content Restrictions

You are solely responsible for any Member Content that you submit, post or transmit via our Services. You agree not to post or otherwise publish through the Services, Member Content that we believe, in our sole discretion:

1. is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, national or international law;
2. contains sexually explicit content or is otherwise obscene, indecent, lewd, suggestive or sexually exploitative of minors;
3. may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
4. contains offensive language or is otherwise objectionable;
5. incites violence or characterizes violence as acceptable, glamorous or desirable;
6. contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent;
7. contains private or personal information about another person, unless such person has agreed to the disclosure of this information;
8. would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party.

StudentsHostStudents is not responsible for any Member Content that you or other members post through the Services. We have no obligation to post Member Content from you or anyone else and we may, in our sole discretion, retire any Member Content without notice. If you become aware of Member Content that violates these Terms, you may notify of us such content by using the reporting tools provided on our Services. Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Terms in other instances. In addition, these Terms do not create a private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

B) Member Conduct

By accessing or using the Services, you agree to act responsibly and exercise good judgment. In addition, you agree not to:

1. use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;
2. infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
3. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
4. use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Services);
5. stalk, intimidate, threaten or otherwise harass or cause discomfort to any other member of our Services;
6. collect or store any information about any other member other than as permitted on our Services;
7. use our Services for any commercial purpose whatsoever;
8. register for more than one member account;
9. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
10. circumvent or attempt to defeat any security or verification measure relating to use of the Services;
11. hold yourself out as an agent, representative, employee or affiliate of StudentsHostStudents; or
12. assist any third party in doing any of the foregoing.

5. TERMINATION

If you are in breach of these Terms, or any other policies or community standards we have in place from time to time, we may, in our discretion at any time:

1. terminate your access to our Services,
2. deactivate or delete your account and all related information and files in such account and/or
3. bar your access to any of such files or Services.

In any of these instances, you are not permitted to register for another SHS account without our prior written permission.

6. DISCONTINUANCE OF SERVICES

We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

7. MEMBER’S REPRESENTATIONS AND WARRANTIES

• You hereby represent and warrant that you have the full power and authority to enter into and perform under these Terms. If you are using our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.
• You hereby represent and warrant that you will use our Services in a manner consistent with any and all applicable local, national and international laws and regulations.

8. DISCLAIMER OF WARRANTIES

IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY SERVICES AND INFORMATION OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. LIMITS ON LIABILITY

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE ZüKL, OR ANY PERSON ACTING AS PART OF THE ZüKL (BE THAT AS A MEMBER, ASSOCIATE, STAFF OR IN A LEADING POSITION) BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.

WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.

10. INDEMNITY

You shall defend, indemnify and hold harmless StudentHostStudents (and each of our helpers and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your use of our Services; (b) any Member Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services. Further, if you are using the Services on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and StudentsHostStudents for violations of these Terms in accordance with this Section. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

11. REPORTING MISCONDUCT

If you interact with anyone through our Services who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, we strongly encourage you to immediately report such person to the appropriate authorities and to us by use of the appropriate reporting measure or direct contact via email. Please note that although we encourage you to report misconduct, we are not responsible or liable for our members’ actions, and we are not obligated to take any action.

12. DISPUTES

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SHS AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and StudentsHostStudents agree to arbitrate any dispute arising from these Terms or relating to the Services. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and StudentsHostStudents agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Zürich, Switzerland and that arbitration will be conducted confidentially in accordance with Swiss Law. You and StudentsHostStudents also agree that the state or federal courts in Switzerland have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND SHS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

13. MISCELLANEOUS

A) Assignment

You may not assign any of your rights or obligations under these Terms without prior written consent from StudentsHostStudents. StudentsHostStudents may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

B) Entire Agreement

These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter.

C) Waiver

Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

D) Severability

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

E) Headings

Headings of sections are for convenience only and shall not be used to limit or construe such sections.

F) Survival

Sections 3.C) (Release), 4. (Member Conduct and Content), 7. (Member's Representation and Warranties), 8. (Disclaimer of Warranties), 9. (Limits on Liability), 10. (Indemnity), 12. (Disputes), and this Section 13 (Miscellaneous) shall survive any termination or expiration of these Terms.