Terms of Use

Revised as per December 30, 2016

Welcome to the Suntel Design, Inc. web site, an app or web site operated by Suntel Design, Inc. AS (“us,” “we,” or “Suntel Design, Inc.”). By accessing, using or downloading any services and content, including on the web site, provided by Suntel Design, Inc. (collectively the “Suntel Design, Inc. Services”), or any portion thereof, you (the “User”) are confirming that you have read, understand and agree to be bound without limitations or qualifications by the following terms and conditions (the “Terms of Use” or “Agreement”), whether or not you are a customer or registered user of the Suntel Design, Inc. Services.

Commercial use requires a separate agreement. Commercial License details will be specified in the Product Sheet and the license will be regulated by Suntel Design, Inc. General Commercial Terms and Conditions.

We reserve the right, at our sole discretion, to change, modify, add, or delete whole or portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on Suntel Design, Inc.’s web site and the date of last revision will be indicated at the top of the Terms of Use. It is your responsibility to regularly check the web site to determine if there have been changes to these Terms of Use and to review such changes.

If you do not agree to any of the Terms of Use, or any future Terms of Use, please discontinue any use of the Suntel Design, Inc. Services.

Please read the Terms of Use carefully as they contain important information regarding your legal rights, remedies and obligations, choice of law and jurisdiction.

1. ABILITY TO ACCEPT THE AGREEMENT

By agreeing on using or accessing the Suntel Design, Inc. Services, you represent that you are of legal age and capable of entering into a legally binding agreement in accordance with the laws of the country where you have your registered address or from which you use, access or downloads the Suntel Design, Inc. Services. If you are not of legal age in accordance with the preceding, you must have the consent of your parents to enter into this agreement. If you are a business entity, you also represent that you are duly authorized to do business in the country or countries where you operate and that your employees, officers, representatives, and other agents accessing the Suntel Design, Inc. Services are duly authorized to access the Service and to legally bind you to these Terms of Use.

2. USE OF THE SUNTEL DESIGN, INC. SERVICES

You acknowledge that (a) the Suntel Design, Inc. Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Suntel Design, Inc., or its licensors where applicable, owns all right, title and interest in and to the Suntel Design, Inc. Services and software provided through or in conjunction with the Suntel Design, Inc. Services, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

Subject to the terms and conditions contained herein, we hereby grants you a personal, limited non-exclusive, non-transferable license (without any rights to sublicense) to use, access and download the Suntel Design, Inc. Services, provided that: (i) your use of the Suntel Design, Inc. Services as permitted is solely for your personal, noncommercial use; (ii) with the exception of your User Content (as defined below), you will not use, copy, modify, sell, distribute, publicly display, transmit, revise, reverse engineer, upload, republish, post or create derivative works (where applicable) of the trade-marks, trade names, service marks, logos, information, software or other material or content or any part of the Suntel Design, Inc. Services (collectively, the ‘Content’) without Suntel Design, Inc.’s prior written authorization; (iii) you will not alter or modify any of the Content other than as may be reasonably necessary to use the Suntel Design, Inc. Services for its intended purpose; and (iv) you otherwise comply with the terms and conditions of the Agreement.

Any use of the Suntel Design, Inc. Services or the Content other than as specifically authorized herein, without the prior written permission of Suntel Design, Inc., is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

3. PRIVACY POLICY

Protecting users’ privacy is very important to us. As a condition of accessing, using and downloading the Suntel Design, Inc. Services, you agree to the terms of the Suntel Design, Inc. Privacy Policy as posted on Suntel Design, Inc.’s web site, which may be updated from time to time and without notice. Information collected by us in connection with your use of the Suntel Design, Inc. Services may be stored and processed in Norway, in the United States, or any other country in which we maintain facilities. Accordingly, by using the Suntel Design, Inc. Services you consent, to the extent permitted by law, to any transfer of such information outside of your country. You acknowledge and agree that we may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam) to the extent permitted by law, (d) respond to user support requests, or (e) protect the rights, property or safety of Suntel Design, Inc., its users, and the public. Suntel Design, Inc. will not be responsible or liable for the exercise or nonexercise of rights under these Terms of Use.

4. OTHER RESTRICTION REGARDING THE USE OF THE SUNTEL DESIGN, INC. SERVICES

You agree to comply with all local laws and regulations regarding the use, download and/or installation of the Suntel Design, Inc. Services.

You agree not to use or launch any automated system, including without limitation, ‘data mining’, ‘robots,’ ’spiders,’ ‘offline readers,’ and similar data gathering or extraction methods. Notwithstanding the foregoing, we grants the operators of public search engines permission to use spiders to copy Content for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content. We reserve the right to revoke these exceptions either generally or in specific cases.

You agree not to upload, post, transmit, share, store or otherwise make publicly available on the Suntel Design, Inc. Services any private information of any third party, including, addresses, phone numbers, email addresses, and credit card numbers. You also agree not to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications

You agree not to collect or harvest any personally identifiable information, including account names, email addresses, or any other contact information, whether to privacy laws or not, from the Suntel Design, Inc. Services, nor to use the communication systems provided by the Suntel Design, Inc. Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Suntel Design, Inc. Services with respect to User Content (as defined below).

You agree not to use the Suntel Design, Inc. Services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

equipment; to intimidate or harass another; or to use or attempt to use another’s account, service or system without authorization from Suntel Design, Inc., or create a false identity on the Suntel Design, Inc. Services.

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Suntel Design, Inc. Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. Suntel Design, Inc. reserves the right to decide whether User Content (as defined below) is appropriate and complies with this Agreement for violations of third party intellectual property rights, intellectual property law and other violations, including, without limitation pornography, obscene or defamatory material. Suntel Design, Inc. reserves the right, in its sole discretion, at any time and from time to time, to remove any User Content and/or terminate a User’s access for any such violations or other violations of this Agreement, without prior notice. Suntel Design, Inc. does not endorse any User Content or any opinion, recommendation, or advice expressed therein.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Suntel Design, Inc. Services (“Submissions”), provided by you to Suntel Design, Inc. are non-confidential and shall become the sole property of Suntel Design, Inc.. Suntel Design, Inc. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5. REGISTERED USER AND USER CONTENT

In order to access some features of the Suntel Design, Inc. Services, you must create a personal account. You may create an account on the registration page on Suntel Design, Inc.’s web site. Once you have created an account, you will be a “Registered User.” Registered Users are limited to one account per person. You may never use another person’s account. When creating your account, you must provide complete and accurate information. You are solely responsible for any activity that occurs on your account, and you must keep your account password secure. You must notify Suntel Design, Inc. immediately of any breach of security or unauthorized use of your account. Although Suntel Design, Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Suntel Design, Inc. or others due to such unauthorized use. You may terminate your account at any time, for any reason.

You shall be solely responsible for your own user content (the “User Content”) and the consequences of posting or publishing them. In connection with User Content, you confirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents and permissions to use and to authorize Suntel Design, Inc. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Suntel Design, Inc. Services and this Agreement; and (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Suntel Design, Inc. Services and this Agreement.

Subject to Suntel Design, Inc.’s existing ownership rights and any other right granted to Suntel Design, Inc. herein, Suntel Design, Inc. does not claim any ownership rights in any User Content that you choose to post to the Suntel Design, Inc. Services. After posting User Content to the Suntel Design, Inc. Services, you continue to retain all ownership or license rights in your User Content and you continue to have the right to use your User Content as you did prior to such posting. However, by posting or making User Content available through the Suntel Design, Inc. Services, you hereby grant to Suntel Design, Inc. an unrestricted, nonexclusive, royalty-free, irrevocable, transferable, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly and display (whether by means of a digital transmission or otherwise) and process your User Content, or any part of it, solely on and through the Suntel Design, Inc. Services, including without limitation (i) adapting the format of your User Content for suitable display on the Suntel Design, Inc. Services; and (ii) displaying, in Suntel Design, Inc.’s sole discretion, your public User Content in search results generated by Suntel Design, Inc.’s search engine. In addition, where you have made your User Content public, posted a link to your User Content on another website or otherwise shared a link to your User Content, you grant to Suntel Design, Inc. an unrestricted, nonexclusive, royalty-free, irrevocable, worldwide right to sublicense the right to copy, modify, prepare derivative works from, and distribute your User Content as necessary to perform the Suntel Design, Inc. Services. In connection with the above license, you provide your consent for Suntel Design, Inc. personnel, including Suntel Design, Inc. contractors and service providers, to view your User Content at any time for the purpose of providing the Suntel Design, Inc. Services and filtering content that violates this Agreement.

Suntel Design, Inc. does not control the User Content in Registered Users’ accounts and does not have any obligation to monitor such User Content. However, regardless of whether the User Content is public or private, you agree that Suntel Design, Inc. may monitor such User Content at any time, for any reason.

Suntel Design, Inc. may send to the Registered Users any information related to the Suntel Design, Inc. Services that Suntel Design, Inc. finds appropriate.

6. THIRD PARTY SITES, CONTENT AND ADVERTISING

The Suntel Design, Inc. Services contain (or you may be sent through the Suntel Design, Inc. Services) links and hyperlinks to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items made by, belonging to or originating from third parties (the “Third Party Applications, Software or Content”). The Suntel Design, Inc. Services also contains advertising from third parties (the “Third Party Advertising”). Such Third Party Sites, Third Party Applications, Software or Content or Third Party Advertising are not investigated, endorsed, monitored or checked for accuracy, appropriateness, or completeness by us and we are not responsible for any Third Party Sites accessed through the Suntel Design, Inc. Services or any Third Party Applications, Software or Content or any Third Party Advertising posted on, made available through or installed from the Suntel Design, Inc. Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites, the Third Party Applications, Software or Content or the Third Party Advertising.

We are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by third parties. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Suntel Design, Inc. Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Suntel Design, Inc. Services or relating to any applications you use or install from a Third Party Site.

7. SHARE SERVICE

Suntel Design, Inc. offers a feature whereby users of the Suntel Design, Inc. Services can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Suntel Design, Inc. Services (the “Share Service”). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.

8. USER DISPUTES

You are solely responsible for your interactions with other Suntel Design, Inc. users. We reserve the right, but have no obligation to monitor the disputes between you and other users. In the event Suntel Design, Inc. receives complaints from other users, breach of these Terms of Use, or alleged infringement of third parties’ rights, we reserve the right to suspend the service. You agree to respond without undue delay to any request for information we may send you with respect to alleged infringement of third party rights or other breaches of these Terms of Use.

9. REFUNDS FOR PURCHASES AND SUBSCRIPTIONS

Purchases

Purchases are final and non-refundable unless your service offer or applicable law says you’re eligible for a refund. Refunds are generally not available for digital content that you have downloaded.

Subscriptions

When you want to end a paid subscription, you could qualify for a refund. To see if you’re qualified for a refund, contact Suntel Design, Inc. Customer Support ([email protected]).

10. INDEMNITY

You agree to hold harmless and indemnify Suntel Design, Inc. and its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees from and against any claim, suit or action, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorney’s’ fees, of every kind and nature, arising from or in any way related to your use of the Suntel Design, Inc. Services, any Content, any User Content, any Third Party Applications, Software or Content, any Third Party Advertising and any other conduct by you in connection with the Suntel Design, Inc. Services or with other users of the Suntel Design, Inc. Services or any violation by you of this Agreement or of any law or the rights of any third party,

11. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

Your use of the Suntel Design, Inc. Services is at your sole risk. The Suntel Design, Inc. Services are provided on an “as-is” basis and without warranty of any kind. To the maximum extent permitted by law, Suntel Design, Inc. expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Suntel Design, Inc. makes no warranty

that the Suntel Design, Inc. Services will meet your requirements,

that the Suntel Design, Inc. Services will be error-free or bug-free,

regarding the security, reliability, timeliness, availability or performance of the Suntel Design, Inc. Services,

that the Suntel Design, Inc. Services or the Content will be available without change of any and all content, software and other items used or contained in any of the Suntel Design, Inc. Services and any of the Content, and

that any errors in the Suntel Design, Inc. Services will be corrected.

Any content or material downloaded or otherwise obtained through the use of the Suntel Design, Inc. Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such content or material.

None of the Suntel Design, Inc. Services is intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the software could lead to death, personal injury, or severe physical or environmental damage.

No advice or information, whether oral or written, obtained by you from Suntel Design, Inc. or any third party or through the software shall create any warranty not expressly stated in these terms and conditions.

12. LIMITATION OF LIABILITY

You expressly understand and agree that Suntel Design, Inc. shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Suntel Design, Inc. has been advised of the possibility of such damages) resulting from:

the use or the inability to use the Suntel Design, Inc. Services, the Content or the User Content,

the inability to use or access the Suntel Design, Inc. Services, the Content or the User Content or other content/data,

the cost of procurement of substitute goods or services,

unauthorized access to or alteration of User Content, or

any other matter relating to the Suntel Design, Inc. Services, the Content or the User Content. the foregoing limitations shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

13. EXCLUSIONS AND LIMITATIONS

Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 10 and 11 which are lawful in your jurisdiction will apply to you and Suntel Design, Inc.’s liability will be limited to the maximum extent permitted by law.

14. TERMINATION

Suntel Design, Inc. may, in its sole discretion, from time to time and at any time, change, modify, suspend or terminate the Suntel Design, Inc. Services, your membership, or any other services included on or through the Suntel Design, Inc. Services for any reason and without notice.

15. SURVIVAL

The provisions of Sections 2, 3, 4, 5, 6, 10, 11, 12 and 13 shall survive any termination or expiration of these Terms and Conditions.

16. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.

17. MISCELLANEOUS PROVISIONS

Entire Agreement. These Terms of Use constitute the entire agreement between you and Suntel Design, Inc. relating to the Suntel Design, Inc. Services and govern your use of the Suntel Design, Inc. Services, superseding any prior or contemporaneous agreements between you and Suntel Design, Inc. regarding the Suntel Design, Inc. Services. However commercial license holders are also bound by the commercial agreement(s).

Choice of Law and Forum. These Terms and Conditions and the relationship between you and Suntel Design, Inc. shall be governed by the laws of the Kingdom of Norway without regard to its conflict of law provisions. You and Suntel Design, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Oslo, Norway. Nothing in this agreement shall prevent Suntel Design, Inc. from seeking injunctive remedies (or any other available and equivalent remedies) in any jurisdiction, and you hereby agree to this.

Waiver and Severability of Terms. The failure of Suntel Design, Inc. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court or public authority of competent jurisdiction to be invalid, 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 these Terms of Use shall remain in full force and effect. Any binding decision regarding invalidity of these Terms of Use shall only apply to the minimum extent and the remaining part of the relevant provisions shall be construed and amended to be valid to the maximum extent permitted by the relevant court or public authority and the relevant laws.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Suntel Design, Inc. Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings. The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.