Appvilkår LOKAL

LOKAL - TERMS OF USE AND END USER LICENSE AGREEMENT (“EULA”)

Applicable from: 28 June 2018.

The following terms of use and end user license agreement (“EULA”) constitute an agreement between you and fluxLoop AS, aNorwegian company registered in the Registry for Business Enterprises with registration number 998 003 334 and address Torggata 5, 0181, Oslo, and it's affiliates (hereafter referred to as “fluxLoop”). This EULA governs the relationship between you and fluxLoop in respect of your use of the Services and Software (as specified below). 

“Services” shall mean all services related to the online market place called Lokal, made available by fluxLoop by means of an app or other online communication method.

"Software" shall mean all software distributed, published or otherwise made available by fluxLoop related to theServices, including the Pinch technologyTM.Software also includes updates and upgrades as well as accompanying manual(s),packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.

Software and Services are collectively referred to as the "fluxLoop Services”. 

fluxLoop complies with the terms of its Privacy Policy in respect of the fluxLoop Services. fluxLoop Privacy Policy as amended from time to time is available for review within the Lokal app (under "PrivacyPolicy") and on fluxLoop website privacy.lokalapp.no.

By installing, using or accessing the fluxLoopServices you are considered to have accepted the terms of this EULA. If you do not accept the terms of this EULA, do not install, use or access the fluxLoopServices.

The EULA shall apply to the maximum extent permitted by mandatory law.

1. Licenses

Software license: Subject to this EULA and subject to your compliance with this EULA, fluxLoop grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use one copy of the Software as provided by fluxLoop, for your personal non-commercial use on a single mobile telephone or other device. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.

Service license: Subject to this EULA and subject to your compliance with this EULA, fluxLoop hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Services as provided by fluxLoop, for your personal non-commercial use, in the manner permitted by this EULA.

Term and Termination: The term of your licenses under this EULA shall commence on the date that you install or otherwise use or access the fluxLoop Services and ends on the earlier date of either (i) the date you cease and desist from using and accessing the fluxLoopServices and permanently deletes your licensed copy of the Software from the device on which it has been installed; or (ii) the date fluxLoop terminates this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the fluxLoop Services or you otherwise use the fluxLoop Services in breach of the terms of thisEULA. Upon termination for whatever reason, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any fluxLoop Services.

Ownership: fluxLoop retains all right, title and interest in and to the fluxLoop Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, and patents whether registered or not and all applications thereof. The fluxLoop Services are protected by applicable laws and treaties throughout the world. Unless expressly authorised by mandatory legislation, you may not copy, reproduce or distribute the fluxLoop Services in any manner or medium, in whole or in part, without prior written consent from fluxLoop.All rights not expressly granted to you herein are reserved by fluxLoop.

2. General license terms

You agree not to:

  • commercially exploit the fluxLoop Services;
  • distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the fluxLoop Services, any copies thereof, or any passwords or usernames of the fluxLoop Services, without the express prior written consent of fluxLoop or asset forth in this EULA;
  • make a copy of the fluxLoop Services or any part thereof, including but not limited toSoftware (other than as set forth herein);
  • make the fluxLoop Services publicly available or available on a network for use or download by multiple users;
  • copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works based on or otherwise modify the fluxLoopServices, or any part thereof, unless expressly authorised by mandatory legislation;
  • remove, obscure or modify any copyright, trademark or other proprietary rights notices contained on or within the fluxLoop Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;
  • misrepresent the source of ownership of the fluxLoop Services;
  • scrape, build databases or otherwise create permanent copies of content returned from the fluxLoop Services; or
  • post, upload, transmit or otherwise disseminate information or photos to the fluxLoopServices that are obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable.

The fluxLoop Services may include measures to control access to fluxLoop Service, prevent unauthorised copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only the fluxLoop Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the fluxLoop Services will not function properly.

The fluxLoop Services require an internet connection to access the fluxLoop Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the fluxLoop Services to operate properly, you may be required to have and maintain an adequate internet connection and/or a valid and active account with an online service. By using the fluxLoop Services, you acknowledge and agree that third party data transfer fees may apply depending on your dataplan.

3. Third party goods or services

You acknowledge and agree that:

  • fluxLoop only provides an online market place, and is not responsible for any trade between you and a seller;
  • fluxLoop is not the agent or representative of any of the sellers of goods and services offered through the fluxLoop Services;
  • Any agreement entered into via the fluxLoop Services is an agreement between you and a seller, and fluxLoop is not responsible for any traded goods or services; and
  • fluxLoop is not responsible for any communications made by sellers via the fluxLoop Services or the content of any advertisements, nor the content of any website or other materials that the sellers may refer to, and you view such third party websites and materials at your own risk.

The fluxLoop Services may include links to third party services and/or the third party services may be made available to you via the fluxLoop Services. These services may include, but are not limited to photosharing, email service, analytics and the like. fluxLoop has no responsibility for such third party services. These services are subject to respective third party terms and conditions.

4. No warranties

To the maximum extent permitted by applicable law, the fluxLoop Services are provided to you “as is,” with all faults, without warranty or guarantees of any kind, without performance assurances, and you ruse is at your own risk. fluxLoop do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of third party rights. fluxLoop do not warrant that operation of the fluxLoop Services will be uninterrupted or error-free, or that the fluxLoop Services will interoperate or be compatible with any other service or that any errors in the fluxLoop Services will be corrected. No or alor written advice provided by fluxLoop or any authorised representative shall create a warranty. The above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction.

5. Limitation of liability

In no event will fluxLoop be liable for loss or damages(except as required by applicable law) resulting from possession, access, use or malfunction of the fluxLoop Services, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software, whether or not fluxLoop have been advised of the possibility of such damages.

6. Other terms and conditions

Miscellaneous: ThisEULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. fluxLoop reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on fluxLoop’s website tc.lokalapp.no. We will notify you in the case of substantial changes. You will be deemed to have accepted such changes by continuing to use the fluxLoop Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.

Indemnity: You agree to indemnify, defend and hold fluxLoop, its partners, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your breach of this EULA.

Affiliate: For purposes of this EULA, an “affiliate” means any legal entity that is directly or indirectly controlled by fluxLoop for so long as such control lasts.  Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.

Governing law and dispute resolution: This EULA will be governed by the laws of Norway.Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof which is not settled amicably shall be finally settled by Norwegian courts.

Other questions:

IF YOU HAVE ANY QUESTIONS CONCERNING THIS EULA,YOU MAY CONTACT privacy@fluxloop.com