{"id":6,"date":"2015-10-08T07:18:04","date_gmt":"2015-10-08T07:18:04","guid":{"rendered":"https:\/\/tuneseidelin.com\/?page_id=6"},"modified":"2017-06-16T08:27:11","modified_gmt":"2017-06-16T08:27:11","slug":"terms","status":"publish","type":"page","link":"https:\/\/tuneseidelin.com\/terms\/","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"
Version 1.0 –\u00a0<\/strong>Last revised on: March 15th<\/sup>, 2017<\/strong><\/p>\n The website located at http:\/\/tuneseidelin.com (the \u201cSite<\/strong>\u201d) is a copyrighted work belonging to Tune Seidelin (\u201cCompany<\/strong>\u201d, \u201cus<\/strong>\u201d, \u201cour<\/strong>\u201d, and \u201cwe<\/strong>\u201d).\u00a0 Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.\u00a0 All such additional terms, guidelines, and rules are incorporated by reference into these Terms.<\/p>\n These Terms of Use (these \u201cTerms<\/strong>\u201d) set forth the legally binding terms and conditions that govern your use of the Site.\u00a0 By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).\u00a0 you may not access or use the Site or accept the Terms if you are not at least 18 years old.\u00a0 If you do not agree with all of the provisions of these Terms, do not access and\/or use the Site.<\/p>\n These terms require the use of arbitration (Section 8.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.<\/p>\n 1. \u00a0 \u00a0 Accounts <\/strong><\/p>\n 1.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>Account Creation.\u00a0 <\/strong>In order to use certain features of the Site, you must register for an account (\u201cAccount<\/strong>\u201d) and provide certain information about yourself as prompted by the account registration form.\u00a0 You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site.\u00a0 Company may suspend or terminate your Account in accordance with Section 7.<\/p>\n 1.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>Account Responsibilities.<\/strong>\u00a0 You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.\u00a0 You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.\u00a0 Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.<\/p>\n 2. \u00a0 \u00a0 Access to the Site <\/strong><\/p>\n 2.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>License. <\/strong>\u00a0Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.<\/p>\n 2.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>Certain Restrictions.\u00a0 <\/strong>The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.\u00a0 Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.\u00a0 All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.<\/p>\n 2.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>Modification.<\/strong>\u00a0 Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you.\u00a0 You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.<\/p>\n 2.4\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>No Support or Maintenance.<\/strong>\u00a0 You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.<\/p>\n 2.5\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>Ownership.<\/strong>\u00a0 You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company\u2019s suppliers.\u00a0 Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.\u00a0 There are no implied licenses granted under these Terms.<\/p>\n 3.<\/strong>\u00a0 \u00a0 \u00a0Indemnification<\/strong><\/p>\n You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys\u2019 fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations.\u00a0 Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.\u00a0 You agree not to settle any matter without the prior written consent of Company.\u00a0 Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.<\/p>\n 4. \u00a0 \u00a0 Third-Party Links & Ads; Other Users<\/strong><\/p>\n 4.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>Third-Party Links & Ads.\u00a0 <\/strong>The Site may contain links to third-party websites and services, and\/or display advertisements for third parties (collectively, \u201cThird-Party Links & Ads<\/strong>\u201d).\u00a0 Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.\u00a0 Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.\u00a0 You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party\u2019s terms and policies apply, including the third party\u2019s privacy and data gathering practices.\u00a0 You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.<\/p>\n 4.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>Other Users.\u00a0 <\/strong>\u00a0Your interactions with other Site users are solely between you and such users.\u00a0 You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.\u00a0 If there is a dispute between you and any Site user, we are under no obligation to become involved.<\/p>\n 4.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>Release. <\/strong>\u00a0You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).\u00a0 IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: \u201cA GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.\u201d<\/p>\n 5. \u00a0 \u00a0 Disclaimers<\/strong><\/p>\n THE SITE IS PROVIDED ON AN \u201cAS-IS\u201d AND \u201cAS AVAILABLE\u201d BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.\u00a0 WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.\u00a0 IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.<\/p>\n SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.\u00a0 SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.<\/p>\n 6. \u00a0 \u00a0 Limitation on Liability<\/strong><\/p>\n TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\u00a0 ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.<\/p>\n TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.\u00a0 YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.<\/p>\n SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.<\/p>\n 7. \u00a0 \u00a0 Term and Termination<\/strong><\/p>\n Subject to this Section, these Terms will remain in full force and effect while you use the Site.\u00a0 We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.\u00a0 Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.\u00a0\u00a0 Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account.\u00a0 Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5 and Sections 3 through 8.<\/p>\n 8. \u00a0 \u00a0General<\/strong><\/p>\n 8.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>Changes.<\/strong>\u00a0 These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and\/or by prominently posting notice of the changes on our Site.\u00a0 You are responsible for providing us with your most current e-mail address.\u00a0 In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.\u00a0 Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site.\u00a0 These changes will be effective immediately for new users of our Site.\u00a0 Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.<\/p>\n 8.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>Dispute Resolution. <\/strong>Please read this Arbitration Agreement carefully.\u00a0 It is part of your contract with Company and affects your rights.\u00a0 It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.<\/em><\/strong><\/p>\n (a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>Applicability of Arbitration Agreement.<\/em>\u00a0 All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.\u00a0 Unless otherwise agreed to, all arbitration proceedings shall be held in English.\u00a0 This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.<\/p>\n (b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>Notice Requirement and Informal Dispute Resolution<\/em>.\u00a0 Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (\u201cNotice\u201d<\/strong>) describing the nature and basis of the claim or dispute, and the requested relief.\u00a0 A Notice to the Company should be sent to: Aabyvej 5, 3700 R\u00f8nne.\u00a0 After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.\u00a0 If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.\u00a0 The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.<\/p>\n