Last updated
February 10, 2023
TABLE OF CONTENTS
These Terms and Conditions constitute a legally
binding agreement made between you, whether personally or on behalf
of an entity ("you") and Contribe ApS
("Company", "we", "us", or "our"),
concerning your access to and use of the https://contribe.io website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected
thereto (collectively, the "Site"). We are registered in
Denmark and have our registered office at Langebrogade 6v, København
1411.
Our VAT number is
DK42654469.
You agree that by accessing the Site, you have read, understood, and agree
to be bound by all of these
Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms and Conditions
from time to time. We will alert you about any changes
by updating the "Last updated" date of these Terms and Conditions, and you waive
any right to receive specific notice of each such change. Please
ensure that you check the applicable Terms every time you use
our Site so that you understand which Terms apply. You will be
subject to, and will be deemed to have been made aware of and to
have accepted, the changes in any revised Terms and Conditions by your continued
use of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Site from other locations
do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use this Site. You may not use the Site in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years
old. Persons under the age of 18 are not permitted to use or
register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs,
and graphics on the Site (collectively, the "Content") and the
trademarks, service marks, and logos contained therein (the
"Marks") are owned or controlled by us or licensed to us, and
are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws
of the United States, international copyright laws, and
international conventions. The Content and the Marks are
provided on the Site "AS IS" for your information and personal
use only. Except as expressly provided in these Terms and Conditions, no part of
the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed,
or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to
which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and
the Marks.
By using the Site, you represent and warrant that:
(1)
all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information
as necessary;
(3) you have the legal capacity and you agree to comply with
these Terms and Conditions;
(4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Site through automated or non-human
means, whether through a bot, script or otherwise;
(6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
You may be required to register with the Site. You
agree to keep your password confidential and will be
responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole
discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
We accept the following forms of payment:
- Bank Transfer
You may be required to purchase or pay a fee to access some of
our services. You agree to provide current, complete, and
accurate purchase and account information for all purchases made
via the Site. You further agree to promptly update account and
payment information, including email address, payment method,
and payment card expiration date, so that we can complete your
transactions and contact you as needed. We bill you through an
online billing account for purchases made via the Site. Sales
tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be
in Euros.
You agree to pay all charges or fees at the prices then in
effect for your purchases, and you authorize us to charge your
chosen payment provider for any such amounts upon making your
purchase. Ifyour purchase is subject to recurring charges, then you
consent to our charging your payment method on a recurring
basis without requiring your prior approval for each
recurring charge, until you notify us of your
cancellation.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We also reserve the right to refuse any order placed through the
Site.
All purchases are non-refundable. You can cancel your subscription at any time
by logging into your account. Your cancellation will take effect at the end of the current
paid term.
If you are unsatisfied with our services, please email us at hello@contribe.io or call us at
+4560158174.
We may include software for use in connection with our
services. If such software is accompanied by an end user
license agreement ("EULA"), the terms of the EULA will
govern your use of the software. If such software is not
accompanied by a EULA, then we grant to you a
non-exclusive, revocable, personal, and non-transferable
license to use such software solely in connection with
our services and in accordance with these Terms and Conditions. Any
Software and any related documentation is provided "as
is" without warranty of any kind, either express or
implied, including, without limitation, the implied
warranties of merchantability, fitness for a particular
purpose, or non-infringement. You accept any and all
risk arising out of use or performance of any Software.
You may not reproduce or redistribute any software
except in accordance with the EULA or these Terms and Conditions.
You may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not be
used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
-
Systematically retrieve data or other content from the Site
to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written
permission from us.
-
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account
information such as user passwords.
-
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including
features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
-
Use any information obtained from the Site in order
to harass, abuse, or harm another person.
-
Make improper use of our support services or submit
false reports of abuse or misconduct.
-
Use the Site in a manner inconsistent with any
applicable laws or regulations.
-
Engage in unauthorized framing of or linking to the
Site.
-
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and
spamming (continuous posting of repetitive text), that
interferes with any party's uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features,
functions, operation, or maintenance of the Site.
-
Engage in any automated use of the system, such as
using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and
extraction tools.
-
Delete the copyright or other proprietary rights
notice from any Content.
-
Attempt to impersonate another user or person or use
the username of another user.
-
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes
referred to as "spyware" or "passive collection
mechanisms" or "pcms").
-
Interfere with, disrupt, or create an undue burden on
the Site or the networks or services connected to the
Site.
-
Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion
of the Site to you.
-
Attempt to bypass any measures of the Site designed
to prevent or restrict access to the Site, or any
portion of the Site.
-
Copy or adapt the Site's software, including but not
limited to Flash, PHP, HTML, JavaScript, or other
code.
-
Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of
the Site.
-
Except as may be the result of standard search engine
or Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
-
Use a buying agent or purchasing agent to make
purchases on the Site.
-
Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users
by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
-
Use the Site as part of any effort to compete with us
or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
-
Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and
other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited
to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions
may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and
non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
-
The creation, distribution, transmission, public
display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not
infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
-
You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to
use and to authorize us, the Site, and other users of
the Site to use your Contributions in any manner
contemplated by the Site and these Terms and Conditions.
-
You have the written consent, release, and/or
permission of each and every identifiable individual
person in your Contributions to use the name or likeness
of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms and Conditions.
-
Your Contributions are not false, inaccurate, or
misleading.
-
Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of
solicitation.
-
Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
-
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
-
Your Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person and
to promote violence against a specific person or class
of people.
-
Your Contributions do not violate any applicable law,
regulation, or rule.
-
Your Contributions do not violate the privacy or
publicity rights of any third party.
-
Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
-
Your Contributions do not include any offensive
comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
-
Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms and Conditions, or any
applicable law or regulation.
Any use of the Site in violation of the foregoing violates
these Terms and Conditions and may result
in, among other things, termination or suspension of your rights
to use the Site.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by
linking your account from the Site to any of your
social networking accounts, you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and
license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and
voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant
and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any
media channels.
This license will apply to any form, media, or technology
now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions,
and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary
rights associated with your Contributions. We are not
liable for any statements or representations in your
Contributions provided by you in any area on the Site. You
are solely responsible for your Contributions to the Site
and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1)
to edit, redact, or otherwise change any Contributions; (2)
to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your
Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or
ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience
with the person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not
contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not
contain references to illegal activity; (5) you should not
be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality
of conduct; (7) you may not post any false or misleading
statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or
negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for
any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and sublicensable
right and license to reproduce, modify, translate,
transmit by any means, display, perform, and/or distribute
all content relating to reviews.
12. MOBILE APPLICATION LICENSE
If you access the Site via a mobile application, then we
grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you,
and to access and use the mobile application on such
devices strictly in accordance with the terms and
conditions of this mobile application license contained in
these Terms and Conditions. You shall
not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the application; (2) make any
modification, adaptation, improvement, enhancement,
translation, or derivative work from the application; (3)
violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4)
remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by
us or the licensors of the application; (5) use the
application for any revenue generating endeavor,
commercial enterprise, or other purpose for which it is
not designed or intended; (6) make the application
available over a network or other environment permitting
access or use by multiple devices or users at the same
time; (7) use the application for creating a product,
service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the
application; (8) use the application to send automated
queries to any website or to send any unsolicited
commercial e-mail; or (9) use any proprietary information
or any of our interfaces or our other intellectual
property in the design, development, manufacture,
licensing, or distribution of any applications,
accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google
Play (each an "App Distributor") to access the Site: (1)
the license granted to you for our mobile application is
limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in
accordance with the usage rules set forth in the
applicable App Distributor's terms of service; (2) we are
responsible for providing any maintenance and support
services with respect to the mobile application as
specified in the terms and conditions of this mobile
application license contained in these Terms and Conditions or as otherwise
required under applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the mobile
application; (3) in the event of any failure of the mobile
application to conform to any applicable warranty, you may
notify the applicable App Distributor, and the App Distributor,
in accordance with its terms and policies, may refund the purchase
price, if any, paid for the mobile application, and to the
maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect
to the mobile application; (4) 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; (5) you must comply with applicable third-party
terms of agreement when using the mobile application, e.g.,
if you have a VoIP application, then you must not be in violation
of their wireless data service agreement when using the mobile
application; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in
these Terms and Conditions, and that
each App Distributor will have the right (and will be
deemed to have accepted the right) to enforce the terms
and conditions in this mobile application license
contained in these Terms and Conditions against you
as a third-party beneficiary thereof.
As part of the functionality of the Site, you may link your
account with online accounts you have with third-party
service providers (each such account, a "Third-Party
Account") by either: (1) providing your Third-Party Account
login information through the Site; or (2) allowing us to
access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each
Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and
conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed
by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts,
you understand that (1) we may access, make available, and
store (if applicable) any content that you have provided to
and stored in your Third-Party Account (the "Social Network
Content") so that it is available on and through the Site
via your account, including without limitation any friend
lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you
are notified when you link your account with the Third-Party
Account. Depending on the Third-Party Accounts you choose
and subject to the privacy settings that you have set in
such Third-Party Accounts, personally identifiable
information that you post to your Third-Party Accounts may
be available on and through your account on the Site. Please
note that if a Third-Party Account or associated service
becomes unavailable or our access to such Third-Party
Account is terminated by the third-party service provider,
then Social Network Content may no longer be available on
and through the Site. You will have the ability to disable
the connection between your account on the Site and your
Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge
and agree that we may access your email address book
associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts
who have also registered to use the Site. You can deactivate
the connection between the Site and your Third-Party Account
by contacting us using the contact information below or
through your account settings (if applicable). We will
attempt to delete any information stored on our servers that
was obtained through such Third-Party Account, except the
username and profile picture that become associated with
your account.
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site ("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled
to the unrestricted use and dissemination of these Submissions for
any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have the right
to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
15. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site)
links to other websites ("Third-Party Websites") as well
as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications,
software, and other content or items belonging to or
originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through
the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the
content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access
the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you
should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which
you navigate from the Site or relating to any applications
you use or install from the Site. Any purchases you make through
Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you
and the applicable third party. You agree and acknowledge that
we do not endorse the products or services offered on Third-Party
Websites and you shall hold us harmless from any harm caused
by your purchase of such products or services. Additionally,
you shall hold us harmless from any losses sustained by you
or harm caused to you relating to or resulting in any way from
any Third-Party Content or any contact with Third-Party Websites.
16. U.S. GOVERNMENT RIGHTS
Our services are "commercial items" as defined in Federal
Acquisition Regulation ("FAR") 2.101. If our services are
acquired by or on behalf of any agency not within the Department
of Defense ("DOD"), our services are subject to the terms of
these Terms and Conditions in accordance with
FAR 12.212 (for computer software) and FAR 12.211 (for technical
data). If our services are acquired by or on behalf of any agency
within the Department of Defense, our services are subject to the
terms of these
Terms and Conditions in accordance with
Defense Federal Acquisition Regulation ("DFARS") 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S.
Government Rights clause is in lieu of, and supersedes, any
other FAR, DFARS, or other clause or provision that addresses
government rights in computer software or technical data under
these Terms and Conditions.
We reserve the right, but not the obligation, to: (1) monitor the
Site for violations of these Terms and Conditions; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Terms and Conditions, including without
limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise
manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site.
We care about data privacy and security. Please review our
Privacy Policy: https://contribe.io/privacy. By using the Site, you agree to be bound by our Privacy
Policy, which is incorporated into these Terms and Conditions. Please be
advised the Site is hosted in Denmark. If you access
the Site from any other region of the world with laws or
other requirements governing personal data collection, use,
or disclosure that differ from applicable laws in Denmark, then through your continued use of the Site,
you are transferring your data to Denmark, and you agree to have your data transferred to and
processed in Denmark.
19. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
AND POLICY
We respect the intellectual property rights of
others. If you believe that any material available on
or through the Site infringes upon any copyright you
own or control, please immediately notify our
Designated Copyright Agent using the contact
information provided below (a "Notification"). A copy
of your Notification will be sent to the person who
posted or stored the material addressed in the
Notification. Please be advised that pursuant to
federal law you may be held liable for damages if you
make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or
linked to by the Site infringes your copyright, you
should consider first contacting an attorney.
All Notifications should meet the requirements of
DMCA 17 U.S.C. § 512(c)(3) and include the following
information: (1) A physical or electronic signature of
a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; (2)
identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works on
the Site are covered by the Notification, a
representative list of such works on the Site; (3)
identification of the material that is claimed to be
infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to
permit us to locate the material; (4) information
reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone
number, and, if available, an email address at which
the complaining party may be contacted; (5) a
statement that the complaining party has a good faith
belief that use of the material in the manner
complained of is not authorized by the copyright
owner, its agent, or the law; and (6) a statement that
the information in the notification is accurate, and
under penalty of perjury, that the complaining party
is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been
removed from the Site as a result of a mistake or
misidentification, you may submit a written counter
notification to our
Designated Copyright Agent
using the contact information provided below (a "Counter
Notification"). To be an effective Counter Notification
under the DMCA, your Counter Notification must include
substantially the following: (1) identification of the
material that has been removed or disabled and the location
at which the material appeared before it was removed or
disabled; (2) a statement that you consent to the jurisdiction
of the Federal District Court in which your address is
located, or if your address is outside the United States,
for any judicial district in which we are located; (3)
a statement that you will accept service of process from
the party that filed the Notification or the party's agent;
(4) your name, address, and telephone number; (5) a statement
under penalty of perjury that you have a good faith belief
that the material in question was removed or disabled as
a result of a mistake or misidentification of the material
to be removed or disabled; and (6) your physical or electronic
signature.
If you send us a valid, written Counter Notification
meeting the requirements described above, we will
restore your removed or disabled material, unless we
first receive notice from the party filing the
Notification informing us that such party has filed a
court action to restrain you from engaging in infringing
activity related to the material in question. Please
note that if you materially misrepresent that the
disabled or removed content was removed by mistake or
misidentification, you may be liable for damages,
including costs and attorney's fees. Filing a false
Counter Notification constitutes perjury.
Designated Copyright
Agent
Attn: Copyright Agent
Aarhus C, __________
8000
These Terms and Conditions shall remain in full
force and effect while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE
LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE
YOUR ACCOUNT ANDANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
21. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site
at any time or for any reason without notice to you. You agree
that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site
during any downtime or discontinuance of the Site. Nothing in
these Terms and Conditions will be construed to
obligate us to maintain and support the Site or to supply any corrections,
updates, or releases in connection therewith.
These conditions are governed by and interpreted following the
laws of Denmark, and the use of
the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded. If your habitual residence is
in the EU, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law of
your country of residence. Contribe ApS and yourself both agree to submit to the non-exclusive jurisdiction
of the courts of __________, which
means that you may make a claim to defend your consumer protection
rights in regards to these Conditions of Use in Denmark, or in the EU country in which you reside.
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Terms and Conditions (each "Dispute" and
collectively, the "Disputes") brought by either you or us (individually,
a "Party" and collectively, the "Parties"), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Any dispute arising from the relationships between the Parties to
this contract shall be determined by one arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of
the European Court of Arbitration being part of the European
Centre of Arbitration having its seat in Strasbourg, and which are
in force at the time the application for arbitration is filed, and
of which adoption of this clause constitutes acceptance. The seat
of arbitration shall be Aarhus, Denmark. The language of the proceedings shall be Danish. Applicable rules of substantive law shall be the law of Denmark.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions
concerning informal negotiations and binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
24. CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior
notice.
25. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
26. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID,
IF ANY, BY YOU TO US DURING THE SIX (6)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
27. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys' fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of
your representations and warranties set forth in these Terms and Conditions; (5) your
violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful
act toward any other user of the Site with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our defense of such claims. We
will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification
upon becoming aware of it.
28. USER DATA
We will maintain certain data that you transmit to the Site for
the purpose of managing the performance of the Site, as well as
data relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any
such loss or corruption of such data.
29. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments
or the granting of credits by any means other than electronic
means.
30. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
31. MISCELLANEOUS
These Terms and Conditions and any policies or
operating rules posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these
Terms and Conditions shall not operate as
a waiver of such right or provision. These Terms and Conditions operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision
of these
Terms and Conditions is determined to be
unlawful, void, or unenforceable, that provision or part of the provision
is deemed severable from these Terms and Conditions and does not affect the
validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms and Conditions or use of the Site.
You agree that these Terms and Conditions will not be construed
against us by virtue of having drafted them. You hereby waive any and
all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing
by the parties hereto to execute these Terms and Conditions.
32. CONTACT US
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact us
at:
Contribe ApS
Langebrogade 6v
Phone: +4560158174
hello@contribe.io