Terms and conditions
The Verce mobile app, the Verce website (located at https://www.verce.me) and the Linkpool by Verce website (located at https://www.linkpool.me), (together, “Verce”, or “Services”) is a copyrighted work belonging to Verce AS. Certain features of Verce may be subject to additional guidelines, terms, or rules, which will be posted on Verce in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Access to Verce:
Subject to these Terms:
Verce AS grants you a non-transferable, non-exclusive, revocable, limited license to access Verce solely for your own personal, noncommercial use.
The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Verce; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of Verce; (c) you shall not access Verce in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of Verce may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of Verce shall be subject to these Terms. All copyright and other proprietary notices on Verce must be retained on all copies thereof.
Verce AS reserves the right to change, suspend, or cease Verce with or without notice to you. You approved that Verce AS will not be held liable to you or any third-party for any change, interruption, or termination of Verce or any part.
No Support or Maintenance:
You agree that Verce AS will have no obligation to provide you with any support in connection with Verce.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in Verce and its content are owned by Verce AS or Verce AS’s suppliers. Note that these Terms and access to Verce do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Verce AS and its suppliers reserve all rights not granted in these Terms.
"User Content" means any and all information and content that a user submits to Verce. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Verce AS. Because you alone are responsible for your User Content, you may expose yourself to liability. Verce AS is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Verce AS an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in Verce. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
All files uploaded by you are public and accessible by anyone, but the identifier is secured using encryption algorithms.
Acceptable Use Policy:
The following terms constitute our "Acceptable Use Policy": You agree not to use Verce (hereby mobile app, web app or smartlinks) to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through Verce any software intended to damage or alter a computer system or data; (ii) send through Verce unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use Verce to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to Verce, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to Verce, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of Verce; or (vi) use software or automated agents or scripts to produce multiple accounts on Verce, or to generate automated searches, requests, or queries to Verce.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide Verce AS with any feedback or suggestions regarding Verce, you hereby assign to Verce AS all rights in such Feedback and agree that Verce AS shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Verce AS will treat any Feedback you provide to Verce AS as non-confidential and non-proprietary.
You agree to indemnify and hold Verce AS and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of Verce, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Verce AS reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Verce AS. Verce AS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads:
Verce may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Verce AS, and Verce AS is not responsible for any Third-Party Links & Ads. Verce AS provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Each Verce user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Verce AS will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Verce user, we are under no obligation to become involved.
You hereby release and forever discharge the Verce AS and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, Verce. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Verce is provided on an "as-is" and "as available" basis, and Verce AS and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that Verce will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to Verce AS, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability:
To the maximum extent permitted by law, in no event shall Verce AS or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use Verce even if Verce AS has been advised of the possibility of such damages. Access to and use of Verce is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination:
Subject to this Section, these Terms will remain in full force and effect while you use Verce. We may suspend or terminate your rights to use Verce at any time for any reason at our sole discretion, including for any use of Verce in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use Verce will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Verce AS will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Verce AS respects the intellectual property of others and asks that users of our site do the same. In connection with our site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our App or website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not - authorized by the copyright owner, its agent, or under the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you have provided us is not valid, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Governing Law and Disputes:
This Undertaking shall be governed by and construed in accordance with the laws of Norway. All claims and disputes in connection with the Terms or the use of any product or service provided by the Verce AS that cannot be resolved informally, shall be submitted to the sole jurisdiction of the Court of Oslo.
The communications between you and Verce AS use electronic means, whether you use Verce or send us emails, or whether Verce AS posts notices on Verce or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Verce AS in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Verce AS provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
These Terms constitute the entire agreement between you and us regarding the use of Verce. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Verce AS is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Verce AS prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Verce AS may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on Verce are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Address: Bjørkeveien 4, 1940 Bjørkelangen
This End-User License Agreement ("EULA") is a legal agreement between you and Verce AS. This EULA agreement governs your acquisition and use of our mobile app, the Verce website, and the Linkpool by Verce website (collectively, “Services”) directly from Verce AS or indirectly through a Verce AS authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Verce services. It provides a license to use the Verce services and contains warranty information and liability disclaimers.
By clicking "accept" or installing and/or using the Verce services, you are confirming your acceptance of the services and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the services, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the services supplied by Verce AS herewith regardless of whether other services are referred to or described herein. The terms also apply to any Verce AS updates, supplements, Internet-based services, and support services for the services, unless other terms accompany those items on delivery. If so, those terms apply.
Verce AS hereby grants you a personal, non-transferable, non-exclusive licence to use the Verce services on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Verce services (for example a mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Verce app.
You are not permitted to:
· Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the services nor permit the whole or any part of the services to be combined with or become incorporated in any other app, nor decompile, disassemble or reverse engineer the services or attempt to do any such things
· Reproduce, copy, distribute, resell or otherwise use the services for any commercial purpose
· Allow any third party to use the services on behalf of or for the benefit of any third party
· Use the services in any way which breaches any applicable local, national or international law
· Use the services for any purpose that Verce AS considers is a breach of this EULA agreement
Content Ownership, Responsibility and Removal
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other users, including text messages, chat, sounds, tunes or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post, or transmit to any other user (either on or off the services), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights), and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content and grant the licenses set forth below. If you experience or observe harassing, abusive, threatening, harmful, obscene, libelous or defamatory behaviour, text that encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including without limitation the submission of content that infringes on a third-party’s intellectual property rights, you are encouraged to flag the content. Any flagged content will be reviewed within 24 hours by Verce AS.
Intellectual Property and Ownership
Verce AS shall at all times retain ownership of the Verce services as originally downloaded/used by you and all subsequent downloads of the services by you. The services (and the copyright, and other intellectual property rights of whatever nature in the services, including any modifications made thereto) are and shall remain the property of Verce AS.
Verce AS reserves the right to grant licences to use the services to third parties.
This EULA agreement is effective from the date you first use the services and shall continue until terminated. You may terminate it at any time upon written notice to Verce AS.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Verce services. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Norway.