TERMS AND CONDITIONS

Last updated 09 December 2021

1. APPROVAL OF THE CONDITIONS These Terms of Use constitute a legally binding agreement between you, personally or on behalf of an entity ("you") and Fivseo AB ("Fivseo").Company," "vi," "us," or "our"), about your access to and use of the Website. Our website and any other media forms, media channels, mobile websites or mobile applications that are related, linked or otherwise connected to it (collectively, the "Website"). We are registered in Sweden and have our registered office at Garnisonsvägen 3, 681 55 Kristinehamn Sweden. Our VAT number is SE559012-710501. You acknowledge that by accessing the Site you have read, understood and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOUR USE OF THE SITE IS EXPRESSLY PROHIBITED AND YOU MUST DISCONTINUE USE IMMEDIATELY. Additional terms or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will notify you of any changes by updating the "Last Updated" date in these Terms of Use, and you waive any right to receive specific notice of any such change. Please ensure that you check the applicable terms each time you use our website so that you understand which terms apply. You will be subject to, and will be deemed to have become aware of and accepted, the changes to any revised Terms of Use by your continued use of the Site after the date on which the revised Terms of Use 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 in such jurisdiction or country. Therefore, 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 designed 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 subject to such laws, you may not use this Site. You may not use the Site in a manner that violates the Gramm-Leach-Bliley Act (GLBA). The Site is intended for users who are at least 18 years of age. Persons under the age of 18 may not use or register on the Site.

2.INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our property and all source code, databases, features, software, Site design, audio, video, text, photographs and graphics on the Site (collectively, the "Content") and the trademarks, service marks and logos contained therein (the "Trademarks") are owned or controlled by us or licensed to us and are protected by United States copyright, trademark and various other intellectual property and unfair competition laws, international copyright laws and international treaties. The Content and Marks are provided on the Site "as is" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, compiled, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Provided that you are eligible to use the Website, you are granted a limited licence to access and use the Website and to download or print a copy of any portion of the Content that you have properly accessed solely for your personal, non-commercial use. We reserve all rights not expressly granted to you to and from the Site, the Content and the Trademarks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have legal capacity and agree to abide by these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether by bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) 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).

4. PROHIBITED ACTIVITY

You may not access or use the website for any purpose other than that for which we make the website available. The Site may not be used in connection with any commercial activity, except those expressly endorsed or authorised by us. As a user of the Site, you agree that you will not:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
  • Trick, defraud or mislead us and other users, especially in attempts to obtain sensitive account information, such as user passwords.
  • circumvent, disable or otherwise interfere with the security-related features of the Site, including features that prevent or restrict the use or copying of Content or that enforce restrictions on the use of the Site and/or the Content contained therein.
  • degrade, damage or otherwise harm us and/or the Site in our opinion.
  • Use information from the website to harass, abuse or harm any other person.
  • Use our support services improperly or file false reports of abuse or irregularities.
  • Use the website in a manner that is not in compliance with applicable laws and regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or transmit) any virus, Trojan horse or other material, including excessive use of capital letters and spamming (continuous posting of repeated text), that interferes with any other person's uninterrupted use of the Site or alters, impairs, interferes with, modifies or disrupts the use, functions, operation or maintenance of the Site.
  • Engage in any form of automated use of the system, such as using scripts to post comments or messages, or using data mining, robots or similar tools to collect and extract data.
  • Remove copyright or other proprietary notices from any content.
  • Attempt to impersonate another user or person or use another user's username.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active mechanism for the collection or transmission of information, including, but not limited to, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes called "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 who provide any part of the Site to you.
  • attempt to circumvent any measures on the Site designed to prevent or restrict access to the Site or any part of the Site.
  • Copy or adapt the website'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 contained in or in any way forming part of the Site.
  • Except as may result from standard use of search engines or browsers, use, launch, develop or distribute any automated system, including but not limited to any spider, robot, cheat tool, scraper or offline reader that has access to the Site, or use or launch any unauthorized script or other software.
  • Use a purchasing agent or a purchasing representative to make purchases on the website.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users electronically or otherwise for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of an attempt to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

5. USER-GENERATED CONTRIBUTIONS.

The site does not offer users to submit or post content. We may provide you with the ability 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 materials (collectively, "Submissions"). Submissions may be visible to other users of the Site and through third party websites. Any Contribution you submit may therefore be treated in accordance with the Site's Privacy Policy. By creating or making Contributions available, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display or performance, access, download or copying of your Submissions does not and will not infringe any third party's proprietary rights, including but not limited to copyright, patent, trademark, trade secret or moral rights.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Site and other users of the Site to use your Submissions in the manner contemplated on the Site and in these Terms of Use.
  • You have the written consent, release and/or permission of each identifiable person in your Submissions to use the name or image of each identifiable person to enable the inclusion and use of your Submissions in all ways contemplated by the Site and these Terms of Use.
  • Your contributions are not false, inaccurate or misleading.
  • Your submissions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, junk mail, mass mailings or other forms of solicitation.
  • Your submissions are not obscene, indecent, lewd, lascivious, filthy, violent, harassing, defamatory, libelous or otherwise objectionable (in our opinion).
  • Your contributions must not ridicule, mock, belittle, intimidate or abuse anyone.
  • Your contributions will not be used to harass or threaten (in a legal sense) any other person or to promote violence against a specific person or group of persons.
  • 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 relating to child pornography or otherwise intended to protect the health or well-being of minors.
  • Your submissions must not contain any offensive comments related to race, national origin, gender, sexual orientation or physical disability.
  • Your Submissions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

Any use of the website contrary to the above is in breach of these terms of use and may result in, among other things, the termination or suspension of your right to use the website.

6. GRANT LICENCES

You and the Site agree that we may access, store, process and use any information and personal data you provide in accordance with the terms of the Privacy Policy and your choices (including preferences). By providing suggestions or other feedback about the Site, you agree that we may use and share such feedback for any purpose without compensation to you. We do not claim any ownership of your submissions. You retain full ownership of all of your Submissions and all intellectual property or other proprietary rights associated with your Submissions. We are not responsible for any statements or representations in your Submissions that you provide in any area of the Site. You are solely responsible for your contributions to the Site and you expressly agree to hold us harmless from any liability and to refrain from taking any legal action against us with respect to your contributions.

7. REVENUE

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions") that you provide to us are non-confidential and 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 such Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights in such Contributions, and you hereby warrant that all such Contributions are original to you or that you have the right to make such Contributions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Contributions.

8. THIRD PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent through the Site) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, images, designs, music, audio, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked by us to ensure that they are accurate, appropriate or complete, and we are not responsible for Third Party Sites accessed through the Site or for Third Party Content posted on, accessible through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained on Third Party Sites or in Third Party Content. Including, linking to, or permitting the use or installation of any Third Party Sites or Third Party Content does not imply our approval or endorsement of them. If you decide to leave the Site and access Third Party Sites or use or install Third Party Content, you do so at your own risk and should be aware that these Terms of Use no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any website that you navigate to from the Site or that relates to software you use or install from the Site. Any purchases you make through third-party websites will be made through other websites and from other companies, and we assume no liability whatsoever in connection with such purchases, which are solely 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 indemnify us against any damages caused by your purchase of such products or services. In addition, you shall indemnify us against any loss suffered by you or damage caused to you in connection with or arising in any way from any Third Party Content or any contact with Third Party Sites.

9. ADVERTISER

We allow advertisers to display their ads and other information in certain areas of the site, such as affiliate links, sidebar ads or banner ads. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. As an advertiser, you further warrant and represent that you have all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights and contractual rights. We only provide the space to place such advertisements, and we have no other relationship with the advertisers.

10. MANAGEMENT OF THE WEBSITE

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including but not limited to 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 technically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable any files and content that are excessive in size or 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.

11. PRIVACY POLICY

We care about data integrity and security. By using the site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the website is located in the United States. If you are accessing the Site from any other region of the world with laws or other requirements governing the collection, use, or disclosure of personal information that differ from applicable laws in the United States, your continued use of the Site will transfer your information to the United States, and you consent to the transfer of your information to and processing in the United States.

12. PERIOD OF VALIDITY AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO BREACH OF ANY REPRESENTATION, WARRANTY OR AGREEMENT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY, AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION, TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION POSTED BY YOU. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal and injunctive relief.

13. CHANGES AND INTERRUPTIONS.

We reserve the right to change, modify or remove the content of the website at any time and for any reason, at our sole discretion and without prior notice. However, we have no obligation to update any information on our site. We also reserve the right to change or discontinue all or any part of the Site at any time without notice. We will not be liable to you or any third party for any changes, price changes, suspension or discontinuance of the website. We cannot guarantee that the website will be available at all times. We may experience hardware, software or other problems or be required to perform maintenance in connection with the Website, which may result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time and for any reason without notice to you. You agree that we shall have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the website during any downtime or suspension of the website. Nothing in these Terms of Use shall be construed to require us to maintain or support the Website or to provide any corrections, updates or releases in connection therewith.

14. CURRENT LEGISLATION

These terms and conditions are governed by and construed in accordance with Swedish law, and the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. In addition, if you are ordinarily resident in the EU and are a consumer, you have the protection afforded by mandatory provisions of the law of your country of residence. Fivseo AB and you both agree to submit to the non-exclusive jurisdiction of the courts of Stockholm, which means that you may claim to defend your consumer protection rights with respect to these Terms of Use in Sweden, or in the EU country in which you reside.

15. SETTLEMENT OF DISPUTES

The European Commission provides an online dispute resolution platform, which you can access here:https://ec.europa.eu/consumers/odr. If you wish to bring this to our attention, please contact us.

16. RULES

There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and 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 notice.

17. DISCLAIMER

THE WEBSITE IS PROVIDED AS IS AND TO THE EXTENT THAT IT IS ACCESSIBLE. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF SITES LINKED TO THE SITE, AND WE ASSUME NO LIABILITY FOR (1) ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR (4) ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (5) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY A THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN CONTENT AND MATERIALS OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18.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 PROFITS, LOST REVENUES, LOSS OF DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19. SUPPLY

You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) breach of your representations and warranties in these Terms of Use; (4) infringement of any third party rights, including but not limited to intellectual property rights; or (5) tort against any other user of the Site to which you are connected through 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 obligated to indemnify us, and you agree to cooperate with us, at your expense, in our defense of any such claim. We will use reasonable efforts to notify you of any such claim, action or proceeding covered by this indemnification when we become aware of it.

20. USER INFORMATION

We will retain certain data that you transmit to the website in order to manage the performance of the website, as well as data about your use of the website. Although we perform regular routine backups of data, you are solely responsible for any data that you transmit or that relates to any activity you have performed using the Site. You agree that we shall have no liability to you for the loss or corruption of such data, and you hereby waive any rights to take action against us as a result of such loss or corruption of such data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the website, sending e-mails to us and filling in online forms constitute electronic communication. You agree to receive electronic communications and you acknowledge that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the Site, satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or claim under any law, ordinance, rule, regulation or other law of any jurisdiction requiring an original signature or the delivery or retention of non-electronic records, or to payments or the granting of credit by any means other than electronically.

22.USERS AND RESIDENTS OF CALIFORNIA

If a complaint to us has not been satisfactorily resolved, you may 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.

23. OTHER

These Terms of Use and any policies or operating rules posted by us on or with 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 of Use shall not operate as a waiver of such right or provision. These Terms of Use shall apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be liable for any loss, damage, delay or failure to act caused by causes beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be illegal, invalid or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall 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 of Use or use of the Site. You agree that these Terms of Use will not be construed against us by reason of our preparation of them. You hereby waive any objection you may have to the electronic form of these Terms of Use and the absence of the parties' signature to these Terms of Use.

24. CONTACT US

To resolve a complaint about the website or to obtain further information about the use of the website, please contact us at the following address: Fivseo AB NORRA STATIONSGATAN 117 Stockholm, Sweden 113 64 Sweden Phone: +46702730328 contact@fivseo.se