Please read these Terms of Use («Terms») carefully. By downloading, accessing or using the mobile applications, websites or other products or services (collectively, the «Services») of Grey Area AS (organization number 915 695 396) and our affiliates («Kaupang», «we» or «us»), you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

We may change or modify these Terms at any time and in our sole discretion. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Kaupang account.

The terms in this document are meant to allow us continue providing and improving our Services. They help to ensure that a few mean users don’t ruin the experience for everyone else. Your part in that is simple. Just use common sense—keep creating great Kaupangs and interact with other users in a good manner.

 

Audience and User Groups

Kaupang is intended for use by people who are 6 years of age or older, and persons under the age of 6 are prohibited from creating Kaupang accounts.

You affirm that you are either more than 6 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Kaupang account.

Kaupang accounts are personal and must be owned by a physical person.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and compensation, and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof. We do not offer any guarantee about the availability or use of the Services.

 

Data Collection

We only collect usage information in order to enhance your experience and utility of the Services. We can use this data to contact you or in any other way provide you with special content or information relevant to you.

By using the Kaupang application you agree to let Kaupang collect information about your usage of the application, including interactions with objects in the Services. You also agree to let Kaupang collect certain types of information from and about your device. For example, if you choose to use our location feature, you agree to let Kaupang access the position of your device and upload data to its servers, as well as present this information alongside the listing.

We use Google Analytics and Google Analytics Advertising features to understand how our user audience breaks down by Age, Gender, and Interests. This information is fully anonymous, but if you not accept to share this information you can opt-out by using the Google Analytics Opt-out Browser Add-on or refrain from using the service.

 

User Content

The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, text, graphics, items or other materials (collectively called «User Content»). You understand that your User Content may be viewable by others. You agree that you are solely responsible for your User Content and that Kaupang is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.

We do not claim ownership of any User Content that you post on or through the Servies. However, by submitting User Content to Kaupang, you hereby grant us a nonexclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services.

 

Feedback

You agree that any feedback, suggestions, ideas or other information or materials regarding Kaupang or the Services that you provide, whether by email or otherwise («Feedback»), are non-confidential and shall become the sole property of Kaupang. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We appreciate hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

 

Kaupang Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, «Kaupang Content»), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Kaupang Content may violate such laws and these Terms. Except as expressly provided in these Terms, Kaupang does not grant any express or implied rights to use Kaupang Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Kaupang Content, the Services or any related software, except as expressly stated in these Terms.

You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Kaupang Content. This license is revocable at any time. This license is subject to these Terms and does not include:

  • The distribution, public performance or public display of Kaupang Content;
  • Modifying or otherwise making any derivative uses of the Services or Kaupang Content, or any portion thereof;
  • Use of any scraping, data mining, robots or similar data gathering or extraction methods;
  • Downloading (other than page caching) any portion of the Services, Kaupang Content or any information contained therein, except as expressly permitted on the Services;
  • Accessing the Basskassa API with an unauthorized or third-party client; and
  • Any use of the Services or Kaupang Content other than for their intended purposes.

Any use of the Services or Kaupang Content other than as specifically authorized in these Terms, without the prior written permission of Kaupang, is strictly prohibited and will terminate the license to use Kaupang granted in these Terms.

 

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not:

  • Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
  • Be an asshole
  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
  • Compromise the security of the Services;
  • Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials. Including methods to automatically create User Content and/or in any other way post User Content from channels outside the Services;
  • Access the Service’s API outside the intended use of the Services neither via manual or automatic methods;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
  • Use or attempt to use another user’s account without authorization;
  • Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
  • Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
  • Engage in any harassing, intimidating or predatory conduct;
  • Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Violate the publicity, privacy or data protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Kaupang account, a Kaupang username without Kaupang’s prior written consent;
  • Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
  • Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

You further agree to abide by any third-party terms that apply when posting reviews of Kaupang, including the iTunes App Store Terms of Service and/or the Android Market Terms of Service.

 

Account Security

You accept all responsibility for any activity that occurs while logged into your Kaupang account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.

 

Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

 

Disclaimer

THE SERVICES AND THE KAUPANG CONTENT ARE PROVIDED «AS IS» WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE KAUPANG ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.

 

Note to International Users

The Services are administered from Norway. If you are a user accessing the Services from the European Union, Asia, the US, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Norwegian laws, please be advised that through your continued use of the Services, which are governed by Norwegian law, you are transferring your personal information to Norway and you consent to that transfer.

 

Disputes

1) Indemnification

By agreeing to these Terms you agree to indemnify, defend and hold harmless Kaupang, our managing members, shareholders, employees, affiliates, licensors and suppliers (the «Kaupang Parties») from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.

2) Limitation of Liability

Except where prohibited by law, in no event will Kaupang or the Kaupang Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Kaupang has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Kaupang for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Kaupang is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, Kaupang’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

3) Forum and Venue

A lawsuit, if any, by you or Kaupang against the other will occur in court in Tana bru, Norway. You and Kaupang agree that the jurisdiction and venue of this court is exclusive.

 

Applicable Law

Any dispute between you and Kaupang will be governed by these Terms and Norwegian law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

 

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Kaupang.

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