TERMS AND CONDITIONS FOR THE USE OF TRUSTEDCOMPANY.COM WEBSITES OCTOBER 2013
These user terms and conditions (hereinafter referred to as the "User Terms") shall apply to any use of TrustedCompany.com's website (hereinafter referred to as the "Website"), including - but not limited to - TrustedCompany.com. These user terms shall be deemed to include all other operating rules, policies, and guidelines that are referred to herein or that we may otherwise publish at TrustedCompany.com (as such rules, policies, and guidelines may be amended from time to time), including, without limitation:
- Our "Guidelines for the use of the TrustedCompany.com Services" (hereinafter referred to as the "Review Guidelines"), which is located here
By using the Website, you accept to be subject to the User Terms, including the User Guidelines. If you do not accept these User Terms, you are not permitted to use the Website and are kindly requested not to use the Website any further. The registration of a Registered User requires your express acceptance of these User Terms.
THE SERVICES ON THE WEBSITE
- In order to gain full access and use of the Website, you shall create a profile and register as a user (hereinafter referred to as "Registered User").
- You shall only be permitted to register one profile per person on the Website. The profile is personal and you shall not transfer it to others.
- In order to become a Registered User, you need a password. You choose your own password which you shall use with your email address when logging onto the Website. The password is personal and you shall not transfer it or in other ways make it available for others. It shall be your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the password is or may have been compromised, you shall be obligated to inform us hereof. We can and will change the password if there is a risk that the password has been compromised or is used in violation of the User Terms.
- During the registration, you must choose a username. The user name will be shown on the Website, whenever Registered Users write or comment on reviews, or produce UGC (see 2.1 below) on the Website. Therefore, you must consider if you wish to use a user name, from which you can be identified by others. The username shall not (i) be offensive or in other ways insulting, (ii) contain the terms such as "Guest", "Admin", domain names, or (iii) contain characteristics, including names of famous persons, which belong to a third party, or personal names to which you do not own the rights. You shall warrant that your username does not infringe any rights (including any intellectual property rights) belonging to any third party and / or the User Terms.
- Changes to the username may only be made by us. If you want to change your username, contact us at support@TrustedCompany.com.
- We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in case of your violation or suspected violation of these User Terms or applicable law. When deleting your user registration, you will no longer have access to the services on the Website, which require your registration and / or log on as a Registered User. When deleting your user registration, we reserve the right to delete the UGC (see 2.1) you have made on the Website.
- Furthermore, we reserve the right, at any time and without notice or explanation, to delete your registration and UGC (see 2.1). In this case, our disclaimer shall apply without limitations.
- You shall not be permitted to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.
User Generated Content from Registered Users
- You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews of articles or other types of communication (hereinafter referred to as the "User Generated Content" or "UGC"), which are created on the Website by Registered Users. We may freely use and transfer the UGC and disclose the UGC to third parties.
- Registered Users shall be liable for the content of the UGC they publish on the Website.
- Registered Users warrant that all UGC posted on the Website shall be correct and true (where they state facts) or be genuinely held (where they state opinions).
- UGC shall relate to a company or organization from which the Registered User has purchased the company's products or services.
- You may not publish UGC regarding companies to which you have personal or professional relations.
- Registered Users shall not publish UGC on the website, which
- is of a marketing nature or has marketing purposes,
- is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic, profane, political in or which otherwise violates the Terms of Service;
- has sexist, political or racial character,
- violates other people's rights, including any intellectual property rights, rights of privacy and / or rights of publicity,
- are offensive or in any way breach any applicable local, national or international law or regulation,
- violates these User Terms, including the User Guidelines,
- reveals any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person, which information has not been provided by the User in Public Content,
- has a disloyal or unlawful purpose and / or content (or promotes unlawful purposes), or
- is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
- Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the User Terms. If TrustedCompany.com receives notice or otherwise becomes aware that UGC violates current legislation and / or the User Terms, we may without any notice delete the UGC and we - dependent on the character of the violation - may inform the violated party and / or the authorities. Our right to delete shall not be conditioned by an explanation, although we shall strive to inform the Registered User about the deletion and the reason hereof.
- The Registered User shall guarantee to indemnify us for any claims which may be made against us as a consequence of the Registered User's violation of the User Terms or current legislation.
- We may at any time request information about the UGC from the Registered User, including documentation supporting the information included in the UGC. The Registered User shall e.g. document that the UGC is based on an actual purchase experience in an actual customer relation to the company which the UGC relates.
- The Registered User shall indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the UGC of the Registered User.
- The Website and the services we offer via the Website, including all underlying technology and intellectual property rights embodied therein, are and shall remain our sole and exclusive property and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website ("Feedback"), we shall be free to fully exploit such Feedback.
- The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software shall be our property or a third party owner (other than the Registered User) and are protected by U.S., Danish and international legislation, including without limitation applicable copyright and trademark laws.
- Unauthorised copying, distribution, presentation or other use of the Website or part hereof may thus result in civil and criminal penalties.
- To the fullest extent permitted by law, the rights for our free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations by submitting the UGC to us.
- Downloading and other digital copying of the content on the Website or parts hereof shall only be permitted for personal non-commercial use, unless otherwise agreed with us in writing or allowed under applicable mandatory law.
- All company names, trademarks and other business characteristics on the Website shall be our property or a third party owner (other than the Registered User) and shall only be used for business purposes upon prior approval from us or the third party owner, respectively.
- THE WEBSITE, CONTENT AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED 'AS IS' AND AS AVAILABLE WITHOUT REPRESENTATION WARRANTY OF ANY KIND. TRUSTEDCOMPANY.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
- We make no representations or warranties with respect to any UGC published on the Website. Notwithstanding the foregoing TrustedCompany.com may at all times investigate and edit (including anonymization) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for UGC compliance with our User Guidelines.
- We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC including UGC which has been edited by us (see 5.2). We shall not be held liable for any links to third party Websites in the UGC, including for the content of the page to which the UGC links.
- Recommendations, reviews, comments etc. of specific companies, services, e-businesses etc. on the Website are provided by users and are not endorsements by us. We disclaim all liability for the content of the Website. The use of our services shall in any respect be the sole responsibility of the users. We shall not be held liable for the availability of the Website.
Limitation of Liability
- WE SHALL IN NO CASE BE HELD LIABLE FOR DAMAGES FOR THE USE OF THE WEBSITE, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE IS DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- OUR TOTAL AGGREGATE LIABILITY (INCLUDING WITHOUT LIMITATION, LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY) ARISING FROM OR IN CONNECTION WITH THE USER TERMS SHALL FOR ANY AND ALL ACTIONABLE CIRCUMSTANCES BE LIMITED TO THE ACCUMULATED FEES PAID BY YOU FOR THE SERVICES OFFERED ON THE WEBSITE DURING THE PREVIOUS 12 MONTHS PRIOR TO THE ACTIONABLE EVENT, IF ANY. NOTHING IN THE USER TERMS EXCLUDES OR LIMITS EITHER PARTY'S LIABILITY MATTERS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
- Nothing in the User Terms excludes or limits our liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Other User Terms
- We may at any time revise or change these User Terms. We will make an effort to provide reasonable advance notice of any such changes. We may at any time, in our own discretion and without notice, close, change or reorganise the Website. As a Registered User you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms shall be stated on the Website. We shall furthermore strive at informing the Registered Users about the change of the User Terms. The Registered Users agree that the continued use of the Website af-ter any posted modified version of the User Terms is an acceptance of the modi-fied User Terms.
- Should any of these User Terms be regarded as unlawful or without effect and thus cannot be enforced, this shall not have any effect of the applicability and enforcement of the remaining part of the User Terms.
- We may terminate your right to access and use the services offered on the Website at any time for any reason without liability. If we do so, or if you elect to stop using the services offered the Website, these User Terms and any rights granted to you herein shall immediately cease. Sections 2-9 shall survive any termination of the User Terms.
Copyright dispute policy
- It is TrustedCompany.com's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. TrustedCompany.com has adopted a policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.copyright.gov/legislation/dmca.pdf). This policy is available here and contains instructions for contacting TrustedCompany.com's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent").
- You may contact TrustedCompany.com via our contact form