Terms and conditions of use
1.1 These terms and conditions govern your use of our website selfielevels.com and mobile applications SelfieLevels. Both our website and mobile applications are herein referred as our “app”.
1.2 By using our app, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our app.
1.4 You must be at least 14 years of age to use our app; and by using them or agreeing to these terms and conditions, you warrant and represent to us that you are at least 14 years of age.
2. Copyright notice
2.1 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our app; and
(b) all the copyright and other intellectual property rights in our app and the material on our app are reserved.
3. Licence to use our website and mobile app
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) use our website services by means of a web browser; and
(d) use our mobile app after installing it on your mobile device,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website and mobile app or save any such material to your computer.
3.3 You may only use our app for your own personal purpose, and you must not use our app for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our app.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our app (including republication on another website);
(b) sell, rent or sub-license material from our app;
(c) show any material from our app in public;
(d) exploit material from our app for a commercial purpose; or
(e) redistribute material from our app.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our app in any way or take any action that causes, or may cause, damage to the app or impairment of the performance, availability or accessibility of the app;
(b) use our app in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our app without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our app for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must ensure that all the information you supply to us through our app, or in relation to our app, is true, accurate, current, complete and non-misleading.
5. Registration and accounts
5.1 To be eligible for an individual account on our app under this Section 5, you must be at least 14 years of age.
5.2 You may register for an account with our app by completing and submitting the account registration form on our app.
5.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.4 You must not use any other person's account to access the app, unless you have that person's express permission to do so.
6. User IDs and passwords
6.1 If you register for an account with our app, you will be asked to provide a user email ID and password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on our app arising out of failure to keep your password confidential, and may be held liable for losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
7.2 You may cancel your account on our app using your account control panel on the app or by contacting us. You will not be entitled to any refund if you cancel your account in accordance with this Section 7.2.
8. Social networking
8.1 Registered users will have access to such additional features on our app as we may from time to time determine, which may include:
(a) facilities to complete a detailed personal profile on the app, to publish that profile on the app;
(b) facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members;
(c) the facility to send private messages via the app to particular groups or individuals registered on the app; and
(d) the facility to post and publish text and media on the app.
8.2 You agree to the publication of posts relating to you, by others, on our app; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 14.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.
9. Personal profiles
9.1 All information that you supply as part of a personal profile on the app must be true, accurate, current, complete and non-misleading.
9.2 You must keep your personal profile on our app up to date.
9.3 Personal profile information must also comply with the provisions of Section 4 and Section 11.
10. Your content: licence
10.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our app for storage or publication on, processing by, or transmission via, our app.
10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and publish your content on and in relation to this app and any successor app.
10.3 You grant to us the right to sub-license the rights licensed under Section 10.2.
10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.
10.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
10.6 You may edit your content to the extent permitted using the editing functionality made available on our app.
10.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10.8 It is your responsibility to agree with the holder of the Intellectual Property Rights of the information shared by you, to which extent those rights are transferred to the recipients of the information shared by you.
11. Your content: rules
11.1 You warrant and represent that your content will comply with these terms and conditions.
11.2 The information you choose to store on the App shall be considered public from the moment you upload it. You must be authorized to make such information public.
11.3 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
11.4 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
11.5 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
11.6 You must not use our website and mobile app to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
11.7 If you choose to share confidential information with other users, you need to know and understand that:
a) It is your responsibility to inform the recipients of the information you disclose, whether that information is confidential,
b) It is your responsibility to hold a non-disclosure agreement with the recipients in case you would like to do so.
11.8 You must not submit to our app any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
12. Report abuse
12.1 If you learn of any unlawful material or activity on our app, or any material or activity that breaches these terms and conditions, please let us know.
12.2 You can let us know by email or by using our abuse reporting buttons or form.
13. Limited warranties
13.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website or mobile app;
(b) that the material on the website or mobile app is up to date; or
(c) that the website, mobile app or any service on the website will remain available.
13.2 We reserve the right to discontinue or alter any or all of our app services, and to stop publishing our website or mobile app, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website or mobile app.
13.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our app and the use of our app.
13.4 We do not warrant that information, even when sent through encrypted channels, is not intercepted and/or recorded by third parties with capabilities to decrypt and thus access the content of the information
14. Limitations and exclusions of liability
14.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
14.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:
(a) are subject to Section 14.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
14.3 To the extent that our app and the information and services on our app are provided free of charge, we will not be liable for any loss or damage of any nature.
14.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
14.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
14.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
14.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
14.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website, mobile app or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
14.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a) EUR 5000; or
(b) the total amount paid and payable to us under the contract.
15.1 You hereby indemnify us, and undertake to keep us indemnified, against losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of our app.
16. Breaches of these terms and conditions
16.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our app;
(c) permanently prohibit you from accessing our app;
(d) block computers using your IP address from accessing our app;
(e) contact any or all your internet service providers and request that they block your access to our app;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our app.
16.2 Where we suspend or prohibit or block your access to our app or a part of our app, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
17. Third party websites
17.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
17.2 We have no control over third party websites and their contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
18. Trade marks
18.1 “SelfieLevels”, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
18.2 The third party registered and unregistered trade marks or service marks on our app are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
19.1 From time to time we may run competitions, free prize draws and/or other promotions on our app.
21.2 Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).
20.1 We may revise these terms and conditions from time to time.
20.2 The revised terms and conditions will apply to the use of our app from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our app.
20.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the app, and you must stop using the app.
21.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
21.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
22.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
22.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23. Third party rights
23.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
23.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
24. Entire agreement
24.1 Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our app and supersede all previous agreements between you and us in relation to your use of our app.
25. Law and jurisdiction
25.1 These terms and conditions shall be governed by and construed in accordance with Swedish law.
25.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Sweden.
26. Statutory and regulatory disclosures
26.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our app. We recommend that you consider saving a copy of these terms and conditions for future reference.
26.2 These terms and conditions are available in the English language only.
26.3 We are registered in Bolagsverket; you can find the online version of the register at http://www.bolagsverket.se/en, and our registration number is 556953-7748.
27.4 Our VAT number is SE556953774801.
28. Our details
28.1 This website and mobile app are owned and operated by Sci-Tie AB in partnership with Clerisy AB.
28.2 We are registered in Sweden under registration number 556953-7748, and our registered address is at PO Box 7035, SE-10386, Stockholm, Sweden
28.4 You can contact us by writing to the business address given above, by using our website contact form, by email to firstname.lastname@example.org or by telephone on +46 768640030