The following Terms and Conditions constitute a binding agreement (the “User Agreement”) between LokiClub (“LC”) on the one hand, and users and / or purchasers of LC’s services (the “Customer”) on the other hand.
LC provides the Customer content management and optimization services ( “Services”). Purchasing of downloadable content on LC will be referred to as “Products”.
2. Scope of the service
LC reserves the right to maintain and thereby modify the content of the Services. Further development and updating of all LC’s Services and Products take place on an ongoing basis.
LC reserves the right to change, add or remove features of the Service and Products at any time and to unilaterally change, add to and otherwise adjust the terms of this User Agreement. The Customer should check this User Agreement from time to time for any updates. LC shall inform the Customer, via the Service, on LC’s website or by e-mail to the e-mail address specified by the Customer, of such changes in the terms of the User Agreement and / or such significant changes in the Service that LC implements.
In the event that the Customer does not accept such change to the Service and Products or the terms of the User Agreement, the Customer shall have the right to terminate the User Agreement effective immediately within fourteen (14) days of LC informing the Customer. Customers who have not terminated the User Agreement no later than fourteen (14) days after LC has informed of the changes shall be deemed to have accepted the changes.
LC makes no warranty as to the availability, faultlessness, or outcome of the Services and Products.
3. Conclusion of this User Agreement
The Customer becomes bound by this User Agreement when the Customer creates an account on LC’s website.
4. Processing data
5. Payment method, payment terms (cancellation) and refund
Services’ payment is to be paid via invoice, or other payment methods negotiated and agreed by both parties. From the invoice or payment date, the Customer must pay in full within 30 calendar days, failure to do so will result in termination of Services. The commission is to be paid via invoice, or split pay system where the Customer’s earnings will first be deposited into LC’s bank account and it is the responsibility of LC to transfer the earnings after commissions to the Customer, and vice versa. Products’ is to be paid immediately via online payment methods.
The Customer is entitled to request a cancellation of Services at least 30 calendar days before intended termination date. After which, the Customer is liable to pay commissions on the remaining 30 days. As LC’s Services and Products are personalized and/or customized, unless the Customer can provide proof, agreed by both parties, that LC caused the error which resulted in tangible damages to the Customer, the Customer will not receive a refund on either the startup fee or purchase amount, as well as paid and upcoming commissions within 14 calendar days. LC is unable to provide refunds or exchanges for mistaken purchases, and/or if the Customer don’t like the Products. Also, when the Customer purchase digital content in Lokiclub online shop, at the time of the purchase, the Customer consent to LC beginning with the performance of its obligations immediately, before the cancellation period ends, and the Customer acknowledge that the Customer will thereby lose the right to cancel at that point.
6. Customer’s responsibility
The Customer is responsible for ensuring that the user identity (s) and password (s) the Customer receives for the Service and Products are stored in a secure manner and inaccessible by third parties. The Customer is responsible for any unauthorized use of the Customer’s user identity and password to the Service until the Customer has requested and LC has blocked certain user identities’ access to the Service. LC has the right to terminate the Customer’s account in accordance with this User Agreement.
LC is not responsible for any deficiencies and limitations in the Customer’s operating system and computer environment. It is the Customer’s responsibility to ensure that the Customer has the necessary technical standard to use the Services before entering into the User Agreement. LC ‘s Services and Products presuppose that Customer has the required technical standard.
The Customer is solely and exclusively responsible for all information that the Customer enters, processes or handles with the help of the Services and LC’s website. The customer is obliged to ensure that contact information and other information is always correct and up to date.
The Customer undertakes to only use the Services in accordance with the User Agreement and LC’s instructions at any given time. The Customer is not entitled to use the Services and Products in any way that may cause, or deliver any of the following: a) unsolicited e-mails and / or advertising or marketing of goods and services, b) malicious software or code, c) illegal, harassing, privacy invasive, abusive, threatening, vulgar, obscene, racist or potentially harmful content, d) any content that violates a third party’s right, including intellectual property rights, e) content that may harm third parties, including vulgar and / or obscene or infringing on the privacy of others, (f) any content that may constitute, cause or encourage a criminal act or violate applicable law.
If the Customer receive any file through LC’s website, the Customer agrees to check and scan this file for viruses or malware before Customer opens or uses this file.
The Customer does not have the right to use information in the Service or space on LC’s website for any purpose other than the use of the Service in accordance with this User Agreement. The Customer shall not for commercial purposes reproduce, produce copies of, sell, resell or exploit any part of the Service and Products, use of the Service and Products, or access to the Service and Products without first having a written agreement with LC. The Customer may not use the Service as part of automated processes for other software applications or in connection with mass mailing of information or as support for publicly available file sharing service.
Customer agrees not to use LC’s trademarks or identifiers in any way other than as expressly permitted by LC.
Upon reasonable suspicion of LC on the Customer’s breach of this clause 6, LC owns the right to immediately terminate the User Agreement and closing of Customer’s account.
7. Limitation of liability
Customer hereby agrees not to hold LC liable for any cause of action and allegations of any kind coming from any third party or LC’s website, including (without limitation) the action, opinion, answers, advice, suggestions, information and services of any third party and other content or information available through LC’s website.
Customer understands, approves and acknowledges that LC is not liable to the Customer or third parties for indirect, temporary, consequential, special or exemplary damages. All liability is limited to the services provided by third parties.
The use of LC’s website and Services is at the Customer’s own risk. LC’s limitation of liability will remain valid after the termination or expiration of this User Agreement.
LC agrees to use reasonable efforts in the performance of the following duties: a) assist the Customer in promoting, obtain offers of, and negotiate engagements for the Customer. b) LC will maintain and optimize the Customer’s content on different platform reasonably adequate for the rendition of such Services. c) LC will not accept any engagements for the Customer without the Customer’s prior approval, which shall not be unreasonably withheld.
The Customer agrees to reimburse LC for any and all reasonable expenses which LC may incur on the Customer’s behalf or account, including but not limited to those in connection with postal correspondence, publicity materials, and optimization expenses. Reimbursement of expenses as aforesaid shall be due within 30 calendar days after written notice to the Customer of itemized statements setting forth the nature and amount of each such expense.
8. Duration and term
The duration of this Agreement shall be for 1 year and the Customer grants to LC options to extend the term of this agreement for periods of 1 year each upon all the terms and conditions hereof, if both parties agree to extend contract. Said options shall be exercised
automatically unless 30 calendar days prior to the end of the then current term either party gives the other, written notice to the contrary. The Customer’s disability resulting in failure to perform engagements and the Customer’s unreasonable refusal to accept and perform engagements and optimization shall not by themselves either deprive LC of its right to or give the Customer the right to terminate.
The User Agreement is only valid if the Customer has reached the legal age of 18 at the time of the agreement, and that the Customer is a legal person.
10. Operational disruption / Force majeure
The parties are released from liability for breaches of the User Agreement caused by circumstances beyond the party’s control, such as disruptions or interruptions in the servers or telecommunications networks, accidents, fires, lightning strikes, explosions, wars, riots, floods, natural disasters, labor disputes (whether or not it includes personnel’s or not) or amended government regulation or government intervention. In order for such a circumstance to be invoked as a ground for exemption, a party shall notify the other party without delay. The parties’ obligation under the User Agreement re-enters as soon as such a circumstance as mentioned no longer exists.
11. Applicable law and disputes
Agreements, and general terms and conditions shall be interpreted and applied in accordance with Swedish law. Disputes in this regard shall ultimately be decided by a general court in Stockholm District Court as a court of first instance.