Terms and Conditions of Use
TO COMPLY WITH INTERNATIONAL STANDARDS, OUR TERMS AND CONDITIONS OF USE IS WRITTEN IN ENGLISH. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE CAREFULLY.
By using this Website (which shall include the use of any of our fee-based products or offerings (“Fee-Based Products”) and fixed price products and offerings ("Fixed Price Products"), you agree to these Terms and Conditions of Use ("Terms & Conditions"). Unless inconsistent with the context:
- these Terms & Conditions shall be incorporated into any agreement between you and us (“Agreement”). In case of any inconsistency between these Terms & Conditions and any Agreement, the terms of the relevant Agreement shall prevail; and
- reference to this Website shall include reference to our Fee-Based Products and Fixed Price Products (together "Products").
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this Website and, if applicable, you should cancel your membership with us.
1. Scope of Terms & ConditionsUnless we indicate otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by Omega Media (collectively, "we", "us" or "our"), including, without limitation, this Website and any other website that we may own or operate currently or in the future (collectively, "Website"). For the purpose of these Terms & Conditions, "Affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Omega Media, including, without limitation, their respective subsidiaries and affiliates; and “You”, “you” or “your” means any person or entity, and any subsidiary, affiliate or associate of such person or entity, that uses or purports to use this Website.
2. Terms & Conditions – GeneralBy using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed an agreement containing these Terms & Conditions. If you do not comply with these Terms & Conditions at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of this Website, including, but not limited to:
- restricting the time this Website is available;
- restricting the amount of use permitted; and
- restricting or terminating your or any other user's right to use this Website.
You agree that any termination or cancellation of your access to, or use of, this Website may be effected without prior notice to you and without providing any reason for such termination. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you acknowledge and agree that:
- we may immediately deactivate or delete your user account and/or all related information and files in your user account and/or bar any further access by you to such information and/or files, or this Website (or part thereof);
- we shall not be liable to you or any third party for any termination or cancellation of, or variation of the applicable terms relating to, your access to, or use of, this Website;
- your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or these Terms & Conditions, or any policies or practices adopted by us in providing this Website, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Fee-Based Products, is to cancel or terminate your membership with us;
- we make no warranties in relation to Products and your rights with respect to any dissatisfaction with Products are, unless we agree otherwise, limited to those rights available to you under the Sale of Goods Act 1979 and any other applicable statute or common law right;
- we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms");
- such Additional Terms may be placed on this Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such; and
- any Additional Terms will upon first being placed on this Website, or otherwise made public, be incorporated by reference into and form part of these Terms & Conditions.
3. Charges and Fees for ProductsBy subscribing to or purchasing a Product, you agree as follows:
- To pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees set out on this Website (such as the fixed Registration Fee and the recurring Monthly Fees for Fee-Based Products and the fixed price for the Fixed Price Products), applicable taxes, and other charges, surcharges, costs and fees incurred in order to access or purchase our Products (“Fees”).
With regard to Fee-Based Products we:
- reserve the right to increase the Fees, or to introduce new Fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).
- will automatically charge your credit card or other account at the start of the relevant billing period (usually monthly or three-monthly in advance) unless you terminate or cancel your subscription before the start of the relevant billing period.
Each time you use or apply for our Fee-Based Products, you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Fee-Based Products. Unless you advise us otherwise in advance, your subscription to Fee-Based Products will automatically be renewed at our standard subscription rates and for our standard period (usually monthly or three-monthly) at the start of the relevant billing period. If you wish to purchase alternative Fee-Based Products at any time, your new Fee-Based Products will supersede your current Fee-Based Products at the start of the next billing period, unless we agree otherwise.
- All Fees are quoted in NOK and are inclusive of any applicable VAT, except where otherwise stated.
- In addition to the Fees, you are responsible for all charges and fees associated with connecting to this Website, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Products.
- For the purposes of your use and purchase of our Products, including identification and billing, you agree to provide us with true, accurate, current and complete information as required by the order form for our Fixed Price Products or the subscription or sign up process to our Fee-Based Products ("Subscription Data") including your complete legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date) as required.
- You agree to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data to keep it accurate at all times.
Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that this is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of this Website (or any portion thereof) or any of our Fee-Based Products or to refuse to provide you with Fixed Price Products. Subscribers to Fee-Based Products are obligated to check the My Account feature of this Website to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else's password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorised use of your subscription until you update your Subscription Data. If your credit card expires, is cancelled, is lost or is subject to use without your authorisation, you will immediately access the My Account feature of this Website and update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account, as well as for paying any amounts billed to your credit card by a third party which were not authorised by you.
4. Cancellation of SubscriptionEither you or we may terminate or cancel your subscription to our Fee-Based Products at any time. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of:
- these Terms & Conditions (including our enforcement or application of these Terms & Conditions);
- the Content available through this Website including any change in content provided through this Website;
- your ability to access and/or use this Website; and
- the amount or types of our Fees or billing methods, or any change to our Fees or billing methods.
Upon cancellation or termination of your subscription to our Fee-Based Products, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, this Website (or part thereof). You may cancel your subscription by contacting Customer Service or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after receipt of requests. If you cancel near the end of your current billing period and have been or are inadvertently charged the next billing period’s Fee, you should contact Customer Service to have the charges reversed. If you use a Fee-Based Product during that next billing period, you will be considered not to have cancelled the subscription and therefore will be liable to pay fees in respect of that next billing period and not entitled to a refund for that cancellation. We reserve the right to charge and collect Fees incurred before your cancellation takes effect.
5. Fixed Price ProductsBy placing an order for a Fixed Price Product you agree to these Terms & Conditions as amended from time to time. Title to a Fixed Price Product will pass to you when you provide full payment for the Fixed Price Product or when you receive the Fixed Price Product, whichever is the later.
Risk of loss or damage to the Fixed Price Products shall pass to you on the date that we provide the Fixed Price Product to a third party for delivery to you. Any estimates made in relation to any delivery date of Fixed Price Products are estimates only, and we provide no warranty or representation that such an estimate will be correct. By ordering a Fixed Price Product you agree that timing is not of the essence with regard to delivery of Fixed Price Products. The published price of the Fixed Price Products will be inclusive of VAT unless we have stated otherwise.
6. Availability of Fee-Based Products and Fixed Price ProductsThe availability and use of our Fee-Based Products and Fixed Price Products may be limited based on demographic, geographic other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to our Fee-Based Products and/or may terminate your subscription to our Fee-Based Products at any time based on these criteria. You understand that we may refuse to supply you with Fixed Price Products at any time based on these criteria.
7. OwnershipAll materials on this Website, including but not limited to information, software, photographs, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, audio, images and other materials ("Content"), are protected by copyright and other intellectual property rights Norwegian and European Union Laws (and, if applicable, similar laws in other jurisdictions). You may not distribute, exchange, modify, sell or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You agree to follow all instructions on this Website limiting the way you may use any of the Content. There are a number of proprietary logos, service marks and trade marks found on this Website. By making them available on this Website, Omega Media is not granting you any licence to utilise those proprietary logos, service marks or trade marks. Any unauthorised use of the Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes. If you download any Content from this Website, you may not remove any copyright or trade mark notices or other notices that go with it.
8. Restrictions on Use of MaterialsUnless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions. You understand that only you may use your user account and password, and that your subscription to our Fee-Based Products is only valid for your personal, non-commercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Fee-Based Products.
You acknowledge that you may only use the Fixed Price Products for personal, non-commercial use, and may not sell, lease, licence or otherwise receive any consideration for allowing the Fixed Price Products to be used by any other person or entity. You agree to indemnify us and keep us indemnified against any loss suffered by us due to you selling, leasing, licensing or otherwise receiving any consideration for allowing the Fixed Price Products to be used by any other person or entity.
You acknowledge that this Website contains Content that is protected by copyrights, patents, trade marks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is protected under applicable laws and we own copyright or other property rights in the selection, coordination, arrangement and enhancement of all such Content. All trade marks appearing on this Website are trade marks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, reuse, report, distribute, perform or participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive our prior written consent.
10. Becoming a Registered UserThere is no cost to being a public user of this Website. You do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of this Website. If you elect to become a registered user of this Website, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that this is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of this Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website.
11. Third Party Products and ServicesYou may order services, merchandise or other products through this Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products promoted by or available from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as):
- a party to any such transaction, whether or not we may have received some form of revenue, fee, commission, benefit or other remuneration in connection with such transaction;
- liable to you or any other person for any costs or damages arising out of or relating to, either directly or indirectly, such transaction; and
- as required to disclose to you or any other person any of the terms or conditions upon which we are or may become entitled to any such revenue, fee, commission, benefit or remuneration.
12. Disclaimers of WarrantiesPlease note the following disclaimers of warranties that form part of these Terms & Conditions:
- the products, offerings, content and materials on this Website are provided "as is" and, to the extent permitted by law, without warranties of any kind, either express or implied;
- to the extent permitted by law, we disclaim all warranties (express or implied), including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement in respect of any product, service or publication contained on this Website, or able to be accessed through any link on this Website;
- neither Omega Media nor any of our Affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this Website or any function contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make this Website available, are free of viruses or other harmful components;
- any product, offering, content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any use that results from the download of any such product, offering, content or material;
- neither Omega Media nor any of our Affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers endorse, recommend, promote, warrant or make any representations regarding the use, benefits, risks or the results of the use of the products, offerings, content and materials in this Website in terms of their correctness, accuracy, reliability, or otherwise;
- no advice or information, obtained by you from our personnel or through this Website shall create any warranty not expressly provided for in these Terms & Conditions; and
- we disclaim all warranties, express or implied, for any errors or omissions, inaccuracies or incompleteness of any Content, Submission or other material contained on this Website or able to be accessed through any link on this Website.
13. Limitation of LiabilityYou expressly understand and agree that we and our Affiliates shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses whatsoever arising out of, or resulting from:
- the use or the inability to use this Website;
- the use of any Content or other material on this Website or any website or websites linked to this Website;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Website;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on this Website; or
- any other matter relating to this Website.
- in no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website; and
- our liability in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by these Terms & Conditions and conditions is limited to, at our election:
- in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
If you are dissatisfied with any portion of this Website, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this Website.
14. Limitation of Liability for Fixed Price ProductsIn addition to the limitations of liability contained in clause 19, you expressly understand and agree that, in relation to the Fixed Price Products, we and our affiliates, to the extent permitted by law:
- exclude all conditions and warranties implied into these Terms & Conditions; and
- limit our liability for breach of any such condition or warranty that we cannot exclude to the greater of:
- resupplying the Fixed Price Products which are the subject of the breach;
- paying the cost of having the Fixed Price Products which are the subject of the breach resupplied; or
- repayment of all monies you have paid to us for the Fixed Price Products which are the subject of the breach.
In no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, or for damages, whether in an action in contract or tort (including negligence).
You acknowledge that the limitations of liability of Omega Media in this clause 20 and in the other provisions of these Terms & Conditions and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have supplied the Fixed Price Products. Our pricing of the Fixed Price Products reflects this allocation of risk and the limitation of liability specified herein.
15. IndemnificationYou agree to indemnify, hold harmless and, at our option and in accordance with our instructions and directions, defend us and our Affiliates, and our and their officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers' fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, any misrepresentation or breach of a warranty given by you in accordance with these Terms & Conditions or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
You agree that the waivers, releases, discharges and indemnities contained in these Terms & Conditions shall operate in favour of Omega Media (including its officers, employees and agents) and its Affiliates and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, neglect or omissions of any one or more of them.
You acknowledge and agree that these Terms & Conditions may be pleaded as a bar to any action, suit or proceeding taken at any time by you against Omega Media (including its officers, employees and agents) and its Affiliates.
16. Miscellaneous Terms
Recovery of Legal ExpensesIn any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable lawyer's fees.
SeverabilityIf any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.
Entire AgreementThese Terms & Conditions, together with other documents incorporated by reference, are the entire agreement between you and us relating to the subject matter herein.
Modification of TermsThese Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement between you and Omega Media. Each time you access this Website, you will be deemed to have accepted any such changes.
AssignmentWe may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees.
No waiverThe failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under these Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.