TERMS AND CONDITIONS

   

Last updated February 10, 2023

  

TABLE OF CONTENTS 

 

1.AGREEMENT TO TERMS

2.INTELLECTUAL PROPERTY RIGHTS

3.USER REPRESENTATIONS

4.USER REGISTRATION

5.FEES AND PAYMENT

 

6.CANCELLATION

7.SOFTWARE

8.PROHIBITED ACTIVITIES

9.USER GENERATED CONTRIBUTIONS

10.CONTRIBUTION LICENSE

11.GUIDELINES FOR REVIEWS

12.MOBILE APPLICATION LICENSE

13. SOCIAL MEDIA

14. SUBMISSIONS

15.THIRD-PARTY WEBSITES AND CONTENT

 

16.U.S. GOVERNMENT RIGHTS

17.SITE MANAGEMENT

18. PRIVACYPOLICY

19.DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

 

20.TERM AND TERMINATION

21. MODIFICATIONSAND INTERRUPTIONS

22.GOVERNING LAW

23.DISPUTE RESOLUTION

24. CORRECTIONS

25.DISCLAIMER

26.LIMITATIONS OF LIABILITY

27.INDEMNIFICATION

28.USER DATA

29.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

30.CALIFORNIA USERS AND RESIDENTS

31.MISCELLANEOUS

32.CONTACT US

 

 

 1. AGREEMENT TO TERMS

 

These Terms and Conditions constitute a legally bindingagreement made between you, whether personally or on behalf of an entity("you") and Contribe ApS ("Company", "we","us", or "our"), concerning your access toand use of the https://contribe.io websiteas well as any other media form, media channel, mobile website or mobileapplication related, linked, or otherwise connected thereto (collectively, the"Site"). We are registered in Denmark and have ourregistered office at Langebrogade 6v, København 1411.

Our VAT number is DK42654469. You agree that by accessingthe Site, you have read, understood, and agree to be bound by all of theseTerms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS ANDCONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUSTDISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may beposted on the Site from time to time are hereby expressly incorporated hereinby reference. We reserve the right, in our sole discretion, to make changes ormodifications to these Terms and Conditions from time to time. We will alertyou about any changes by updating the "Last updated" date of theseTerms and Conditions, and you waive any right to receive specific notice ofeach such change. Please ensure that you check the applicable Terms every timeyou use our Site so that you understand which Terms apply. You will be subjectto, and will be deemed to have been made aware of and to have accepted, thechanges in any revised Terms and Conditions by your continued use of the Siteafter the date such revised Terms and Conditions are posted.

 

The information provided on the Site is not intended fordistribution to or use by any person or entity in any jurisdiction or countrywhere such distribution or use would be contrary to law or regulation or whichwould subject us to any registration requirement within such jurisdiction orcountry. Accordingly, those persons who choose to access the Site from otherlocations do so on their own initiative and are solely responsible forcompliance with local laws, if and to the extent local laws are applicable.

 

 

The Site is not tailored to comply with industry-specificregulations (Health Insurance Portability and Accountability Act (HIPAA),Federal Information Security Management Act (FISMA), etc.), so if yourinteractions would be subjected to such laws, you may not use this Site. Youmay 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 yearsold. Persons under the age of 18 are not permitted to use or register forthe Site.

 

 

2. INTELLECTUAL PROPERTYRIGHTS

 

Unless otherwise indicated, the Site is our proprietaryproperty and all source code, databases, functionality, software, websitedesigns, audio, video, text, photographs, and graphics on the Site(collectively, the "Content") and the trademarks, service marks, andlogos contained therein (the "Marks") are owned or controlled by usor licensed to us, and are protected by copyright and trademark laws andvarious other intellectual property rights and unfair competition laws of theUnited States, international copyright laws, and international conventions. TheContent and the Marks are provided on the Site "AS IS" for yourinformation and personal use only. Except as expressly provided in these Termsand 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 otherwiseexploited for any commercial purpose whatsoever, without our express prior writtenpermission.

 

Provided that you are eligible to use the Site, you aregranted a limited license to access and use the Site and to download or print acopy of any portion of the Content to which you have properly gained accesssolely for your personal, non-commercial use. We reserve all rights notexpressly granted to you in and to the Site, the Content and the Marks.

 

 

3. USER REPRESENTATIONS

 

By using the Site, you represent and warrant that: (1) allregistration information you submit will be true, accurate, current, andcomplete; (2) you will maintain the accuracy of such information and promptlyupdate such registration information as necessary; (3) you have thelegal capacity and you agree to comply with these Terms and Conditions;

(4) you are not a minor in the jurisdiction in which youreside; (5) you will not access the Site through automated or non-humanmeans, whether through a bot, script or otherwise; (6) you will not usethe Site for any illegal or unauthorized purpose; and (7) your use of the Sitewill 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 youraccount and refuse any and all current or future use of the Site (or anyportion thereof).

 

 

4. USER REGISTRATION

 

You may be required to register with the Site. You agree tokeep your password confidential and will be responsible for all use of youraccount and password. We reserve the right to remove, reclaim, or change ausername you select if we determine, in our sole discretion, that such usernameis inappropriate, obscene, or otherwise objectionable.

  

5. FEES AND PAYMENT

 

We accept the following forms of payment:

 

-  Visa

 -  Mastercard

 -  Stripe

 -  Bank Transfer

 

 

You may be required to purchase or pay a fee to access someof our services. You agree to provide current, complete, and accurate purchaseand account information for all purchases made via the Site. You further agreeto promptly update account and payment information, including email address,payment method, and payment card expiration date, so that we can complete yourtransactions and contact you as needed. We bill you through an online billingaccount for purchases made via the Site. Sales tax will be added to the priceof purchases as deemed required by us. We may change prices at any time. Allpayments shall be in Euros.

 

You agree to pay all charges or fees at the prices then ineffect for your purchases, and you authorize us to charge your chosen paymentprovider for any such amounts upon making your purchase. Ifyour purchase issubject to recurring charges, then you consent to our charging your paymentmethod on a recurring basis without requiring your prior approval for eachrecurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes inpricing, even if we have already requested or received payment. We also reservethe right to refuse any order placed through the Site.

   

6. CANCELLATION

 

All purchases are non-refundable. You can cancel yoursubscription at any time by logging into your account. Yourcancellation will take effect at the end of the current paid term.

 

If you are unsatisfied with our services, please email us athello@contribe.io or call us at +4560158174.

 

7. SOFTWARE

 

We may include software for use in connection with ourservices. 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 anon-exclusive, revocable, personal, and non-transferable license to use suchsoftware solely in connection with our services and in accordance with theseTerms 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 allrisk arising out of use or performance of any Software. You may not reproduceor redistribute any software except in accordance with the EULA or these Termsand Conditions.

 

 

 

8. PROHIBITED ACTIVITIES

 

You may not access or use the Site for any purpose otherthan that for which we make the Site available. The Site may not be used inconnection with any commercial endeavors except those that are specificallyendorsed 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, orparticipate 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 tous or on the Site, including but not limited to text, writings, video, audio,photographs, graphics, comments, suggestions, or personal information or othermaterial (collectively, "Contributions"). Contributions may beviewable by other users of the Site and through third-party websites. As such,any Contributions you transmit may be treated as non-confidential andnon-proprietary. When you create or make available any Contributions, youthereby 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 violatesthese Terms and Conditions and may result in, among other things, terminationor suspension of your rights to use the Site.

 

 

10. CONTRIBUTION LICENSE

 

By posting your Contributions to any part of the Site ormaking Contributions accessible to the Site by linking your account from theSite to any of your social networking accounts, you automatically grant, andyou represent and warrant that you have the right to grant, to us anunrestricted, 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 incorporateinto other works, such Contributions, and grant and authorize sublicenses ofthe foregoing. The use and distribution may occur in any media formats andthrough any media channels.

 

This license will apply to any form, media, or technologynow known or hereafter developed, and includes our use of your name, companyname, and franchise name, as applicable, and any of the trademarks, servicemarks, trade names, logos, and personal and commercial images you provide. Youwaive all moral rights in your Contributions, and you warrant that moral rightshave not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. Youretain full ownership of all of your Contributions and any intellectualproperty rights or other proprietary rights associated with your Contributions.We are not liable for any statements or representations in your Contributionsprovided by you in any area on the Site. You are solely responsible for yourContributions to the Site and you expressly agree to exonerate us from any andall responsibility and to refrain from any legal action against us regardingyour Contributions.

 

We have the right, in our sole and absolute discretion, (1)to edit, redact, or otherwise change any Contributions; (2) to re-categorizeany 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 orratings. 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 discriminatoryreferences based on religion, race, gender, national origin, age, maritalstatus, sexual orientation, or disability; (4) your reviews should not containreferences to illegal activity; (5) you should not be affiliated withcompetitors if posting negative reviews; (6) you should not make anyconclusions as to the legality of conduct; (7) you may not post any false ormisleading statements; and (8) you may not organize a campaign encouragingothers to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews in our solediscretion. We have absolutely no obligation to screen reviews or to deletereviews, even if anyone considers reviews objectionable or inaccurate. Reviewsare not endorsed by us, and do not necessarily represent our opinions or theviews of any of our affiliates or partners. We do not assume liability for anyreview or for any claims, liabilities, or losses resulting from any review. Byposting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,royalty-free, fully-paid, assignable, and sublicensable right and license toreproduce, modify, translate, transmit by any means, display, perform, and/ordistribute all content relating to reviews.

 

 

12. MOBILE APPLICATION LICENSE

 

Use License

 

If you access the Site via a mobile application, then wegrant you a revocable, non-exclusive, non-transferable, limited right toinstall and use the mobile application on wireless electronic devices owned orcontrolled by you, and to access and use the mobile application on such devicesstrictly in accordance with the terms and conditions of this mobile applicationlicense contained in these Terms and Conditions. You shall not: (1) except aspermitted by applicable law, decompile, reverse engineer, disassemble, attemptto derive the source code of, or decrypt the application; (2) make anymodification, adaptation, improvement, enhancement, translation, or derivativework from the application; (3) violate any applicable laws, rules, orregulations in connection with your access or use of the application; (4)remove, alter, or obscure any proprietary notice (including any notice ofcopyright 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 theapplication available over a network or other environment permitting access oruse by multiple devices or users at the same time; (7) use the application forcreating a product, service, or software that is, directly or indirectly,competitive with or in any way a substitute for the application; (8) use theapplication to send automated queries to any website or to send any unsolicitedcommercial e-mail; or (9) use any proprietary information or any of ourinterfaces or our other intellectual property in the design, development,manufacture, licensing, or distribution of any applications, accessories, ordevices for use with the application.

 

       Appleand Android Devices

 

The following terms apply when you use a mobile applicationobtained from either the Apple Store or Google Play (each an "AppDistributor") to access the Site: (1) the license granted to you for ourmobile application is limited to a non-transferable license to use theapplication on a device that utilizes the Apple iOS or Android operatingsystems, as applicable, and in accordance with the usage rules set forth in theapplicable App Distributor's terms of service; (2) we are responsible for providingany maintenance and support services with respect to the mobile application asspecified in the terms and conditions of this mobile application licensecontained in these Terms and Conditions or as otherwise required underapplicable law, and you acknowledge that each App Distributor has no obligationwhatsoever to furnish any maintenance and support services with respect to themobile application; (3) in the event of any failure of the mobile applicationto conform to any applicable warranty, you may notify the applicable AppDistributor, and the App Distributor, in accordance with its terms andpolicies, may refund the purchase price, if any, paid for the mobileapplication, and to the maximum extent permitted by applicable law, the AppDistributor will have no other warranty obligation whatsoever with respect tothe mobile application; (4) you represent and warrant that (i) you are notlocated in a country that is subject to a U.S. government embargo, or that hasbeen designated by the U.S. government as a "terrorist supporting"country and (ii) you are not listed on any U.S. government list of prohibitedor restricted parties; (5) you must comply with applicable third-party terms ofagreement 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 whenusing the mobile application; and (6) you acknowledge and agree that the AppDistributors are third-party beneficiaries of the terms and conditions in thismobile application license contained in these Terms and Conditions, and thateach App Distributor will have the right (and will be deemed to have acceptedthe right) to enforce the terms and conditions in this mobile applicationlicense contained in these Terms and Conditions against you as a third-partybeneficiary thereof.

 

 

13. SOCIAL MEDIA

 

As part of the functionality of the Site, you may link youraccount with online accounts you have with third-party service providers (eachsuch account, a "Third-Party Account") by either: (1) providing yourThird-Party Account login information through the Site; or (2) allowing us toaccess your Third-Party Account, as is permitted under the applicable terms andconditions that govern your use of each Third-Party Account. You represent andwarrant that you are entitled to disclose your Third-Party Account logininformation to us and/or grant us access to your Third-Party Account, withoutbreach by you of any of the terms and conditions that govern your use of theapplicable Third-Party Account, and without obligating us to pay any fees ormaking us subject to any usage limitations imposed by the third-party serviceprovider of the Third-Party Account. By granting us access to any Third-PartyAccounts, you understand that (1) we may access, make available, and store (ifapplicable) any content that you have provided to and stored in yourThird-Party Account (the "Social Network Content") so that it isavailable on and through the Site via your account, including withoutlimitation any friend lists and (2) we may submit to and receive from your Third-PartyAccount additional information to the extent you are notified when you linkyour account with the Third-Party Account. Depending on the Third-PartyAccounts you choose and subject to the privacy settings that you have set insuch Third-Party Accounts, personally identifiable information that you post toyour Third-Party Accounts may be available on and through your account on theSite. Please note that if a Third-Party Account or associated service becomesunavailable or our access to such Third-Party Account is terminated by thethird-party service provider, then Social Network Content may no longer beavailable on and through the Site. You will have the ability to disable theconnection between your account on the Site and your Third-Party Accounts atany time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICEPROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOURAGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort toreview any Social Network Content for any purpose, including but not limitedto, for accuracy, legality, or non-infringement, and we are not responsible forany Social Network Content. You acknowledge and agree that we may access youremail address book associated with a Third-Party Account and your contacts liststored on your mobile device or tablet computer solely for purposes ofidentifying and informing you of those contacts who have also registered to usethe Site. You can deactivate the connection between the Site and yourThird-Party Account by contacting us using the contact information below orthrough your account settings (if applicable). We will attempt to delete anyinformation stored on our servers that was obtained through such Third-PartyAccount, except the username and profile picture that become associated withyour account.

 

 

14. SUBMISSIONS

 

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 shallbecome our sole property. We shall own exclusive rights, including allintellectual property rights, and shall be entitled to the unrestricted use anddissemination of these Submissions for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you. You hereby waive all moralrights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in yourSubmissions.

 

 

15. THIRD-PARTY WEBSITES AND CONTENT

 

The Site may contain (or you may be sent via the Site) linksto 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 ororiginating from third parties ("Third-Party Content"). SuchThird-Party Websites and Third-Party Content are not investigated, monitored,or checked for accuracy, appropriateness, or completeness by us, and we are notresponsible for any Third-Party Websites accessed through the Site or anyThird-Party Content posted on, available through, or installed from the Site,including the content, accuracy, offensiveness, opinions, reliability, privacypractices, or other policies of or contained in the Third-Party Websites or theThird-Party Content. Inclusion of, linking to, or permitting the use orinstallation of any Third-Party Websites or any Third-Party Content does notimply approval or endorsement thereof by us. If you decide to leave the Siteand access the Third-Party Websites or to use or install any Third-PartyContent, you do so at your own risk, and you should be aware these Terms andConditions no longer govern. You should review the applicable terms andpolicies, including privacy and data gathering practices, of any website towhich you navigate from the Site or relating to any applications you use orinstall from the Site. Any purchases you make through Third-Party Websites willbe through other websites and from other companies, and we take noresponsibility whatsoever in relation to such purchases which are exclusivelybetween you and the applicable third party. You agree and acknowledge that wedo not endorse the products or services offered on Third-Party Websites and youshall hold us harmless from any harm caused by your purchase of such productsor services. Additionally, you shall hold us harmless from any losses sustainedby you or harm caused to you relating to or resulting in any way from anyThird-Party Content or any contact with Third-Party Websites.

 

 

 

16. U.S. GOVERNMENT RIGHTS

 

Our services are "commercial items" as defined inFederal Acquisition Regulation ("FAR") 2.101. If our services areacquired by or on behalf of any agency not within the Department of Defense("DOD"), our services are subject to the terms of these Terms andConditions 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 anyagency within the Department of Defense, our services are subject to the termsof these Terms and Conditions in accordance with Defense Federal AcquisitionRegulation ("DFARS") 227.7202-3. In addition, DFARS 252.227-7015applies to technical data acquired by the DOD. This U.S. Government Rightsclause is in lieu of, and supersedes, any other FAR, DFARS, or other clause orprovision that addresses government rights in computer software or technicaldata under these Terms and Conditions.

 

 

 

17. SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: (1)monitor the Site for violations of these Terms and Conditions; (2) takeappropriate legal action against anyone who, in our sole discretion, violatesthe law or these Terms and Conditions, including without limitation, reportingsuch user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, ordisable (to the extent technologically feasible) any of your Contributions or anyportion thereof; (4) in our sole discretion and without limitation, notice, orliability, to remove from the Site or otherwise disable all files and contentthat 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 andproperty and to facilitate the proper functioning of the Site.

   

 

 

18. PRIVACY POLICY

 

We care about data privacy and security. Please review ourPrivacy Policy: https://contribe.io/privacy.By using the Site, you agree to be bound by our Privacy Policy, which isincorporated into these Terms and Conditions. Please be advised the Site ishosted in Denmark. If you access the Site from any other region of the worldwith laws or other requirements governing personal data collection, use, ordisclosure that differ from applicable laws in Denmark, then through yourcontinued 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 ANDPOLICY

 

Notifications

 

We respect the intellectual property rights of others. Ifyou believe that any material available on or through the Site infringes uponany copyright you own or control, please immediately notify our DesignatedCopyright Agent using the contact information provided below (a"Notification"). A copy of your Notification will be sent to theperson who posted or stored the material addressed in the Notification. Pleasebe advised that pursuant to federal law you may be held liable for damages if youmake material misrepresentations in a Notification. Thus, if you are not surethat material located on or linked to by the Site infringes your copyright, youshould consider first contacting an attorney.

 

All Notifications should meet the requirements of DMCA 17U.S.C. § 512(c)(3) and include the following information: (1) A physical orelectronic signature of a person authorized to act on behalf of the owner of anexclusive right that is allegedly infringed; (2) identification of thecopyrighted work claimed to have been infringed, or, if multiple copyrightedworks on the Site are covered by the Notification, a representative list ofsuch works on the Site; (3) identification of the material that is claimed tobe infringing or to be the subject of infringing activity and that is to beremoved or access to which is to be disabled, and information reasonablysufficient to permit us to locate the material; (4) information reasonablysufficient to permit us to contact the complaining party, such as an address,telephone number, and, if available, an email address at which the complainingparty may be contacted; (5) a statement that the complaining party has a goodfaith belief that use of the material in the manner complained of is notauthorized by the copyright owner, its agent, or the law; and (6) a statementthat the information in the notification is accurate, and under penalty ofperjury, that the complaining party is authorized to act on behalf of the ownerof an exclusive right that is allegedly infringed upon.

 

       CounterNotification

 

If you believe your own copyrighted material has beenremoved from the Site as a result of a mistake or misidentification, you maysubmit a written counter notification to our Designated Copyright Agent usingthe contact information provided below (a "Counter Notification"). Tobe an effective Counter Notification under the DMCA, your Counter Notificationmust include substantially the following: (1) identification of the materialthat has been removed or disabled and the location at which the material appearedbefore it was removed or disabled; (2) a statement that you consent to thejurisdiction of the Federal District Court in which your address is located, orif your address is outside the United States, for any judicial district inwhich we are located; (3) a statement that you will accept service of processfrom 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 thatyou have a good faith belief that the material in question was removed ordisabled as a result of a mistake or misidentification of the material to beremoved or disabled; and (6) your physical or electronic signature.

 

If you send us a valid, written Counter Notification meetingthe requirements described above, we will restore your removed or disabledmaterial, unless we first receive notice from the party filing the Notificationinforming us that such party has filed a court action to restrain you fromengaging in infringing activity related to the material in question. Pleasenote that if you materially misrepresent that the disabled or removed contentwas removed by mistake or misidentification, you may be liable for damages,including costs and attorney's fees. Filing a false Counter Notificationconstitutes perjury.

 

Designated Copyright Agent

Tobias Ørskov Madsen

Attn: Copyright Agent

 

Aarhus C, __________ 8000

Denmark

Tobias@contribe.io

 

 

 

 20. TERM ANDTERMINATION

 

These Terms and Conditions shall remain in full force andeffect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESETERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION ANDWITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDINGBLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, ORCOVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW ORREGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETEYOUR 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, youare prohibited from registering and creating a new account under your name, afake or borrowed name, or the name of any third party, even if you may beacting on behalf of the third party. In addition to terminating or suspendingyour account, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.

 

 

21. MODIFICATIONS ANDINTERRUPTIONS

 

We reserve the right to change, modify, or remove thecontents of the Site at any time or for any reason at our sole discretionwithout notice. However, we have no obligation to update any information on ourSite. We also reserve the right to modify or discontinue all or part of theSite without notice at any time. We will not be liable to you or any thirdparty for any modification, price change, suspension, or discontinuance of theSite.

 

We cannot guarantee the Site will be available at all times.We may experience hardware, software, or other problems or need to performmaintenance related to the Site, resulting in interruptions, delays, or errors.We reserve the right to change, revise, update, suspend, discontinue, orotherwise 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, orinconvenience caused by your inability to access or use the Site during anydowntime or discontinuance of the Site. Nothing in these Terms and Conditionswill be construed to obligate us to maintain and support the Site or to supplyany corrections, updates, or releases in connection therewith.

 

 

22. GOVERNING LAW

 

 

These conditions are governed by and interpreted followingthe laws of Denmark, and the use of the United Nations Convention of Contractsfor the International Sale of Goods is expressly excluded. If your habitualresidence is in the EU, and you are a consumer, you additionally possess theprotection provided to you by obligatory provisions of the law of your countryof residence. Contribe ApS and yourself both agree to submit to thenon-exclusive jurisdiction of the courts of __________, which means that youmay make a claim to defend your consumer protection rights in regards to theseConditions of Use in Denmark, or in the EU country in which you reside.

 

 

23. DISPUTE RESOLUTION

 

 

 

Informal Negotiations

 

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 byeither you or us (individually, a "Party" and collectively, the"Parties"), the Parties agree to first attempt to negotiate anyDispute (except those Disputes expressly provided below) informally for atleast thirty (30) days before initiating arbitration. Such informalnegotiations commence upon written notice from one Party to the other Party.

 

 

Binding Arbitration

 

 

Any dispute arising from the relationships between theParties to this contract shall be determined by one arbitrator who will bechosen in accordance with the Arbitration and Internal Rules of the EuropeanCourt of Arbitration being part of the European Centre of Arbitration havingits seat in Strasbourg, and which are in force at the time the application forarbitration is filed, and of which adoption of this clause constitutesacceptance. The seat of arbitration shall be Aarhus, Denmark. The language of theproceedings shall be Danish. Applicable rules of substantive law shall be thelaw of Denmark.

 

Restrictions

 

The Parties agree that any arbitration shall be limited tothe Dispute between the Parties individually. To the full extent permitted bylaw, (a) no arbitration shall be joined with any other proceeding; (b) there isno right or authority for any Dispute to be arbitrated on a class-action basisor to utilize class action procedures; and (c) there is no right or authorityfor any Dispute to be brought in a purported representative capacity on behalfof the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are notsubject to the above provisions concerning informal negotiations and bindingarbitration: (a) any Disputes seeking to enforce or protect, or concerning thevalidity of, any of the intellectual property rights of a Party; (b) anyDispute related to, or arising from, allegations of theft, piracy, invasion ofprivacy, or unauthorized use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party willelect to arbitrate any Dispute falling within that portion of this provisionfound to be illegal or unenforceable and such Dispute shall be decided by acourt of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of thatcourt.

 

 

 

24. CORRECTIONS

 

There may be information on the Site that containstypographical errors, inaccuracies, or omissions, including descriptions,pricing, availability, and various other information. We reserve the right tocorrect any errors, inaccuracies, or omissions and to change or update theinformation on the Site at any time, without prior notice.

 

 

25. DISCLAIMER

 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUTLIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANYWEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITYFOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROMYOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSIONTO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICHMAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANYERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ATHIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASEOF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULDUSE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

 

26. LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, ORAGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDINGLOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USEOF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TOUS DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTIONARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOWLIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAINDAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS ORLIMITATIONS 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 byany 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 ofyour representations and warranties set forth in these Terms and Conditions; (5)your violation of the rights of a third party, including but not limited tointellectual property rights; or (6) any overt harmful act toward any otheruser of the Site with whom you connected via the Site. Notwithstanding theforegoing, we reserve the right, at your expense, to assume the exclusivedefense 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, orproceeding which is subject to this indemnification upon becoming aware of it.

 

 

28. USER DATA

 

We will maintain certain data that you transmit to the Sitefor the purpose of managing the performance of the Site, as well as datarelating to your use of the Site. Although we perform regular routine backupsof data, you are solely responsible for all data that you transmit or thatrelates to any activity you have undertaken using the Site. You agree that weshall have no liability to you for any loss or corruption of any such data, andyou hereby waive any right of action against us arising from any such loss orcorruption of such data.

 

 

29. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES

 

Visiting the Site, sending us emails, and completingonline forms constitute electronic communications. You consent to receiveelectronic communications, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, viaemail and on the Site, satisfy any legal requirement that such communication bein writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an originalsignature or delivery or retention of non-electronic records, or to payments orthe granting of credits by any means other than electronic means.

 

 

 

30. CALIFORNIA USERS AND RESIDENTS

 

If any complaint with us is not satisfactorily resolved, youcan contact the Complaint Assistance Unit of the Division of Consumer Servicesof the California Department of Consumer Affairs in writing at 1625 NorthMarket 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 operatingrules posted by us on the Site or in respect to the Site constitute the entireagreement and understanding between you and us. Our failure to exercise orenforce any right or provision of these Terms and Conditions shall not operateas a waiver of such right or provision. These Terms and Conditions operate tothe fullest extent permissible by law. We may assign any or all of our rightsand obligations to others at any time. We shall not be responsible or liablefor any loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these Terms andConditions is determined to be unlawful, void, or unenforceable, that provisionor part of the provision is deemed severable from these Terms and Conditionsand does not affect the validity and enforceability of any remainingprovisions. There is no joint venture, partnership, employment or agencyrelationship created between you and us as a result of these Terms andConditions or use of the Site. You agree that these Terms and Conditions willnot be construed against us by virtue of having drafted them. You hereby waiveany and all defenses you may have based on the electronic form of these Termsand Conditions and the lack of signing by the parties hereto to execute theseTerms and Conditions.

 

 

32. CONTACT US

 

In order to resolve a complaint regarding the Site or toreceive further information regarding use of the Site, please contact us at:

 

Contribe ApS

Langebrogade 6v

København 1411

 Denmark

Phone: +4560158174

 

hello@contribe.io

These terms of use were created using Termly's Terms andConditions Generator.