1. This is a Contract. These Terms constitute a contract. You may not use the Service or the Platforms if you do not accept these Terms. By using any part of the Service you accept these Terms.
2. You must accept our privacy statement. Our privacy statement governing the Service is attached to and incorporated into these Terms (“Privacy Statement”). By accepting these Terms and using the Service, you acknowledge and agree to the collection and use of personal information in accordance with the Privacy Statement.
3. You must be truthful. You agree to provide true, accurate and complete information about yourself as prompted (“Account Data”) and you confirm that you have full authority to provide the Account Data. You agree to indemnify and keep us indemnified in full against all demands or claims that may be brought against us with respect to any information related to third parties provided by you to us during your use of the Service. You also agree to update the Account Data to keep it current.
4. You must keep your account secure. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur through the use of your account or password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Utilisation of your account by either yourself and/or any other individual shall be deemed to be an authorised transaction and you hereby indemnify us against and waive any claims relating to the unauthorised use of your account.
5. Restrictions on use. The word “Content” refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on our Platforms or Services and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on our Platforms or Services.Unless our prior written consent is provided, you may not: a) reproduce, publish, broadcast, adapt, sell or otherwise transfer or use for commercial purposes any Content; b) decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which we make such Content available to you; c) incorporate the Content into any other content for whatever purpose; d) remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Content; or e) frame any portion of a web page that is part of our Platforms or Services.
6. Entitlements of use. You may store, cite or refer to Content from any of our Platforms or Services for educational, research, non-commercial, private or personal use, only in accordance with applicable copyright law and where necessary, with our prior written consent.
7. Use of Content by news aggregators. Use of our Content by news aggregators shall only be allowed if such news aggregators: a) only provide the thumb nail and headline as it appears on our Platforms or Services; b) provides a correct and working hyperlink to the source of the Content or article on our Platform; and c) acknowledges us as the source of the Content and acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on our Platform.
8. Your Content. Any original Content which you have uploaded to any of our Platforms or Services shall remain your property. By uploading any such Content, you grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, display, publish, reproduce, distribute, broadcast, adapt and modify your Content on any medium. No Content uploaded by you shall be deemed to be protected by confidentially and/or proprietary rights and you hereby irrevocably agree that you shall not attempt to enforce such rights. When uploading Content you hereby agree that you shall at all times comply with our Terms. Without limiting the generality of the foregoing, you further represent and warrant that any Content you upload is not offensive, obscene, or illegal, and will not violate the rights of any third party.
9. Third Party Content. You acknowledge that: a) our Platforms or Services may include Content or advertisements from third parties ("Third Party Content"); b) Third Party Content is beyond the control of DigestFeed and that any reliance on any such Third Party Content is at your own risk; c) DigestFeed cannot verify Third Party Content and/or verify such Content’s accuracy; d) Third Party Content may contain representations, statements or information which does not represent the views, opinions or beliefs of DigestFeed, its affiliates, its associates, directors or employees. You hereby irrevocably agree to that DigestFeed is not responsible for any Content uploaded by third parties and you hereby agree to hold DigestFeed harmless, without limitation, against any/all claims, be they civil or criminal in nature, that you may suffer as a result of Third Party Content.
10. Use of Platforms and Services is at your own risk. DigestFeed makes no warranty or representation, that the Platforms and Services are free of viruses, destructive materials or any other data or code that is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the DigestFeedtion of a computer system, computer network, any handset or mobile device, or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code that is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the DigestFeedtion or content of a computer system, computer network, any handset or mobile device, or your hardware or software.
11. You must respect our rights in the Platform. We grant you a limited, non-transferable, personal right and license to use the Platform and any associated software application through which it may be provided. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform (except as, and only to the extent that, any of the foregoing restrictions are prohibited by applicable law or to the limited extent permitted by the licensing terms governing use of any open sourced components included within the Platform).
12. We may discontinue the Service. We may in our sole discretion and at any time terminate your access to the Service or discontinue providing the Service or any part of the Service, with or without notice. You agree that we will not be responsible or liable to you or any third party for modifying or discontinuing the Service, or for terminating or suspending your access to the Service.
13. Legally Permitted Use of Service. You hereby irrevocably agree that you shall only use the Platforms and Services for the purpose for which they have been made available. You furthermore agree that the Platforms and Services shall only be utilised in accordance with the applicable laws and regulations within the territory where you utilise the Platforms and Services.
14. The Service is provided without any warranties or guarantees. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
15. We are not liable for any damages you may incur. a) You agree that DigestFeed shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services; b) You agree that DigestFeed is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that DigestFeed is not responsible for any content sent using and/or included in the Services by any third party; c) In no event shall DigestFeed and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services, the provision of or failure to provide any Services, or for any information, software, products, services, and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if DigestFeed or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply in every instance. If you are dissatisfied with any portion of the Services, or with any of these terms, your sole and exclusive remedy is to discontinue using the Services and related websites; d) You agree to indemnify and hold DigestFeed, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Services.
16. Limitation of Liability. Notwithstanding the provisions contained herein, in the event of a court of competent jurisdiction ruling that any indemnifications provided for in these Terms are unenforceable, the total cumulative liability of DigestFeed to you shall not exceed $100.00 (One Hundred United States Dollars).
17. We need you to respect our trademarks. The DigestFeed word mark and the DigestFeed, DigestFeed News, and “O” logos are trademarks of DigestFeed Norway AS in Norway, Singapore the European Union and other countries. You agree that all such trademarks, trade names, service marks and other DigestFeed logos and brand features, and product and service names are trademarks and the property of DigestFeed Norway AS (the “DigestFeed Marks”). Without prior written permission, you agree not to display or use the DigestFeed Marks in any manner.
18. Communications. You agree that DigestFeed or its affiliates may from time to time send you communications regarding new services or products launched. All communications will comply with our Privacy Statement and applicable law. Should you wish to optout of receiving communications from us, You must notify us in writing that you do not wish to receive or continue to receive such communications.
19. Governing law and Jurisdiction. This contract is subject to, and shall be governed by, and construed in accordance with the laws of Norway, without reference to the principles of conflict of laws thereof. Any matters arising concerning the interpretation, validity or implementation of this Agreement not solved by mutual agreement between the Parties shall be submitted to arbitration in the English language before a sole arbitrator to take place in Oslo, Norway as the seat of the arbitration. The arbitral decision shall be final and binding on the Parties and may be made an order of court. Nothing in this Agreement will be deemed as preventing DigestFeed from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the Parties and the subject matter of the dispute as is necessary to protect DigestFeed’s name, proprietary information, trade secrets, know-how, or any other intellectual property rights.
20. We may modify these Terms. These Terms may be modified without notice at any time in the future. It is your responsibility to remain informed of any changes as you are bound by the latest version of the Terms.
21. General Terms. No alteration, variation or agreed cancellation of this agreement, and this paragraph, shall be of any effect unless directed so by us. These Terms constitute the whole agreement between the parties in regard to the subject matter thereof and no warranties or representations of any nature whatsoever other than set out in this agreement have been given by any of the parties. No relaxation or indulgence which DigestFeed may show to you shall in any way prejudice or be deemed to be a waiver of DigestFeed’s rights hereunder. Each and every provision of these Terms (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of these Terms. If any of the provisions of these Terms (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of these Terms shall be and remain of full force and effect. Any substantive provision appearing in, or as a part of, any interpretative provision of these Terms shall have effect in accordance with its tenor, notwithstanding the context in which it appears.