End user agreement for Squace
Terms of Service
LAST UPDATED: April 30 2007
1. Acceptance of Terms.
Squace provides its Service, as defined below, to you subject to this Terms of Service ("TOS") agreement. Squace may update this TOS from time to time and Squace will publish changes here. By continuing to use the Service, you signify your binding acceptance of the TOS, as published on the Squace website ("Site").
2. Description of Service.
The "Service" includes (a) the Mobile Client, (b) the Site, (c) the services provided by the Mobile Client or the Site and by Squace software made available on the Site ("Software"), and (d) all data, text, images, sounds, video, and software ("Content") made available through the Mobile Client, the Site or Software. Any new features added to or augmenting the Service are also subject to this TOS.
3. Permission to Use the Service
You may access the Service for personal use only, provided that you are in compliance with all provisions of this TOS. By using or accessing this Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service.
You are also welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Squace. You acknowledge that Squace may, in its sole discretion and at any time, discontinue providing any part of the Service without notice.
4. User Conduct.
Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of this Service. Examples of such prohibited behavior include, but are not limited to:
* Using the Service to promote, conduct, or contribute to fraudulent and/or illegal activities, including deceptive impersonation or activities involving the exploitation of children.
* Using the Service to violate anyone's rights to privacy (e.g. distributing unwanted commercial solicitations), to infringe on one's intellectual property rights (including copyrights and trademark rights), to harass or defame others, or to generally promote hatred.
* Disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce.
5. User ID.
Some functions of this Service require registration by selecting a unique user identification ("User ID") and password, and by providing certain personal information. In registering to be a user, you represent that you are of legal age to form a binding contract. If you select a User ID that Squace, in its sole discretion, finds offensive or inappropriate, Squace has the right to suspend or terminate your account.
You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session, and (c) immediately notify Squace of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID. Squace will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You agree that Squace, in its sole discretion and without notice or liability to you or any third party, may immediately terminate your User ID, and remove or discard from the Service any Content associated with your User ID. Grounds for such termination.
7. Third-Party Content
You acknowledge that Squace does not comprehensively review contributions to the Service and that each contributor to the Service of data, text, images, sounds, video, and software is solely responsible for the accuracy, reliability, nature, and legal restrictions associated with their contribution.
In addition, the Squace Service may contain links to third party websites or information service that are not owned or controlled by Squace. Squace assumes no responsibility for the content, privacy policies, or other practices of third party websites or information sources. You are encouraged to read the terms and conditions or other policies of such third parties prior to using their websites. By using the Service, you agree that Squace shall not be liable in any manner due to your use of any third party website or information service.
8. Intellectual Property.
All intellectual property assignable to the Service or the Site, except for such intellectual property deriving from a Contribution (see further below), shall be the sole property of Squace or the Service Provider. Your use of the Service shall not entail acquisition of such rights.
You are responsible that your work has not been copied, displayed, or distributed without your permission in connection with this Service.
Squace does not claim ownership of any Content you submit to the Service ("Contribution"); however, Squace has the right to remove any Contribution that violates this TOS or is otherwise objectionable, as determined solely by Squace. By submitting Content for inclusion on the Service, you represent and warrant that you have all necessary permissions to grant the following license to Squace.
You hereby grant Squace and its successors a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, prepare derivative works of, publicly display, and publicly perform such Contribution on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you terminates once you or Squace removes your Contribution from the Service. You understand that your Contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
A notification of claimed infringement must be a written communication addressed to Squace as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such work(s); (c) a description of the exact name of the infringing work and the location of the infringing work; (d) information sufficient to permit Squace to contact you; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.
Squace can be reached by email or mail as follows:
113 52 Stockholm
9. DISCLAIMER OF WARRANTIES.
*READ THIS CAREFULLY* You understand and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, Squace expressly disclaims all warranties, express or implied, in connection with the Service and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Squace makes no representations or warranties about the accuracy or completeness of the Content made available through the Service or the content of any third party website or information service. Squace does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and Squace will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from Squace or through the Squace service shall create any warranty not expressly stated in this TOS.
10. LIMITATION ON LIABILITY.
*READ THIS CAREFULLY* You understand and agree that Squace shall not be liable to you for any direct, indirect or consequential damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if Squace had been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute services resulting from any services obtained through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; (e) inaccuracies, mistakes, or errors of content; (f) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (g) any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Service by a third party; or (h) any other matter relating to the Service, whether based on warranty or contract, In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that Squace's aggregate liability shall not exceed the amount of fifty (50) SEK.
11. Term and termination.
This agreement shall enter into force when you have accepted these terms. The agreement will remain in force until it is terminated by either party.
Notice of termination shall be sent via [e-mail or mail].
You agree, at your own expense, to indemnify, defend, and hold harmless Squace, its employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to use of or access to the Service, or violation of this TOS by you or, when due to your cooperation or negligence, by someone else using your User ID.
13. Governing Law.
This TOS shall be exclusively governed by and construed under the laws of Sweden, without giving effect to any choice-of-law or conflict-of-laws provisions. All legal claims, suits or actions related to this TOS will be subject to the jurisdiction of the Stockholm District Court.
14. Waiver and Severability.
The failure of either party to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the provisions of the TOS are held invalid, unenforceable, or void by a court, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
15. Statute of Limitations.
If any mandatory statute or law does not stipulate the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.