Terms of Use

Introduction

  1. Your right of access to the Mobile App (“the Mobile App”) and your use of the content and services linked to it (“the Services”) are subject to these terms and conditions (“Terms of Use”),
  2. If you log into the Mobile App or use the Services, you also agree to be bound by these Terms of Use. If you do not wish to be subject to these Terms of Use, you must immediately log out of the Mobile App and stop using the Services.

Provider

  1. Provider of the Mobile App is:
    CrowdEyes Aps
    Kildegaards Plads
    DK-2828 Gentofte
    +45 70 22 60 42
    support@CrowdEyes.com
    www.CrowdEyes.com

Definitions

  1. ‘Posting” means all material, including photos, information, reviews, article mentions or other forms of communication that a Registered User publishes or saves on the Mobile App.
  2. ‘Terms of Use” means these Terms of Use, personal data policies and all other rules, policies and guidelines that are referred to in this document or that we otherwise publish on the Mobile App.
  3. ‘CrowdEyesI’ means the provider of the Mobile App, as further defined in section 2.1 .
  4. ‘Confidential Information” means any information of a technical, commercial or infrastructural nature, user information and any other information that relates to or that is posted on the Mobile App and that is not intended for publication, except for information that has been made publicly available otherwise than by breach of these Terms of Use.
  5. The ‘Parties” (or individually a ‘Party”) means you and CrowdEyes.
  6. The ‘Mobile App” means this application and the Services.
  7. ‘Registered User” means a person who is validly registered as a user of the Mobile App.
  8. The ‘Services” means the services that are available from time to time on the Mobile App and are made available by CrowdEyes to the Registered Users of the Mobile App.
  9. ‘Trademarks” means all trademarks owned by or made available by CrowdEyes, such as, but not limited to, the name ‘CrowdEyesI’ either used alone or in connection with other names such as brand, trademark, name, company name, domain name or on any otherwise used as an identifying characteristic of CrowdEyes’ business.

User creation, User name and Password

  1. To access the Mobile App, you must register as a Registered User.
  2. You must treat your username and password confidentially and you must not disclose these to any unauthorized third party. You are responsible for any activity conducted using your username and password.
  3. CrowdEyes has the right at any time, without notice and without liability, to delete, suspend or change your right of access to the Mobile App if, in CrowdEyeIs opinion, you act in violation of these Terms of Use or applicable legislation. By deleting your right of access, you will no longer have access to the Mobile App and/or will no longer be able to use the Services in whole or in part.
  4. CrowdEyes also has the right at any time and without prior notice or reason to delete Posts that you may have published or saved on the Mobile App

Your right to use the mobile app

  1. As a Registered User, CrowdEyes grants you a right of use and a limited non-exclusive personal license to log into the Mobile App and use the Services in accordance with CrowdEyes’ instructions and these Terms of Use.
  2. All rights not expressly granted are reserved by CrowdEyes.

Deactivation, termination of your rights

  1. You can de-activate or delete your right of use at any time and without notice by contacting CrowdEyes.
  2. If you choose to de-activate your right of access, you can contact CrowdEyes to have your right of access reactivated.

Rules and liability for content published on the mobile app

  1. The Mobile App can display Posts that do not belong to CrowdEyes. Responsibility for such postings lies solely with the person who published the posting on the mobile app. CrowdEyes has the right at any time to review a Posting to determine whether it is illegal or violates these Terms of Use. CrowdEyes can remove or refuse to display a Post on the Mobile App if CrowdEyes considers that the Post is wholly or partially illegal or violates these Terms of Use. This does not necessarily mean that CrowdEyes reviews or evaluates all Posts that are published on the Mobile App.
  2. In connection with the use of the Mobile App, you must comply with all rules, statutory provisions, authority decisions and orders from public authorities as well as these Terms of Use.
  3. You must without undue delay report all suspected and real problems, errors and inappropriateness with the Mobile App or with published Posts (your own as well as those of others) of which you become aware to CrowdEyes.
  4. You bear full responsibility for the content of your own Posts, and you are therefore obliged to ensure that the content of your own Posts are factually correct and correctly expressed before they are published on the Mobile App.
  5. You may not publish Posts regarding objects, animals, persons, companies or organizations with which you have no connection or relationship. Postings must relate to a person, an animal, a company or organization to which you have a legitimate connection, for example as a result of friendship, family relationship, ownership, status as a tenant, landlord, sub-tenant, housing agency or similar or in some other way, and to whom you can document on request.
  6. You must not publish Posts on the Mobile App that have a marketing nature or purpose, or that are misleading, offensive, damaging, or infringe the rights of others, including intellectual property rights, that are objectionable or illegal or that otherwise contravene applicable law or these Terms of Use.
  7. If CrowdEyes receives notification or otherwise ascertains that one of your Postings infringes applicable legislation, third-party rights and/or these Terms of Use, CrowdEyes will delete the Posting without notice, just as CrowdEyes - depending on the nature of the violation - will inform a potentially violated party and/ or the authorities. CrowdEyesI right to deletion is not conditional on providing a reason, although CrowdEyes will endeavor to inform you of the deletion and the background for this.
  8. You hereby grant CrowdEyes the right to initiate and carry out any legal action that CrowdEyes deems necessary to protect an aggrieved party, other Registered Users, the Mobile App or CrowdEyes itself in the event that one of your Postings may violate applicable legislation, third party rights and/or these Terms of Use. You undertake to indemnify CrowdEyes for any claim that may be asserted against CrowdEyes as a result of your violation of these Terms of Use or applicable law and for any claim or loss resulting from third parties raising claims against CrowdEyes in due to a Post for which you are responsible.
  9. CrowdEyes may at any time require you to provide information regarding the Post, including documentation of the correctness of the information included in the Post.

Unauthorized Conduct, Prohibition against Abuse

  1. You will not, and you must not:
    a) not publish unauthorized commercial communications (including spam) on the Mobile App,
    b) not bully, intimidate or harass other users,
    c) not publish Postings that are hateful or threatening or that incite violence or contain hateful, threatening or violent behaviour,
    d) not publish postings with illegal, misleading, malicious, offensive, offensive or discriminatory content,
    e) do not copy, transfer, print or distribute Posts published on the Mobile App, unless such Posts belong to and/or concern you,
    f) not break the technical restrictions contained in the Mobile App,
    g) not break, or encourage other Registered Users to break, the security regulations applicable to the Mobile App, including regulations regarding the storage and use of username and password,
    h) not delete, ‘ ‘reverse engineer”, change, translate or carry out any similar measure against the software integrated in the Mobile App, unless invariable Danish legislation expressly permits this (and then only in such permitted extent),
    i) does not transmit viruses or other malicious code to the Mobile App or to other users via the Mobile App,
    j) not remove, change or add any indication of CrowdEye’s copyright, trademarks and/or property rights regarding the Mobile App,
    k) not create a link (actively or passively) to the Mobile App or parts of it, and
    l) not otherwise use the Mobile App to collect, register, store, process or manipulate Postings in violation of the legislation in force at any time or these Terms of Use.
  2. Contact support@CrowdEyes.com if you suspect abuse of your access rights to the Mobile App.
  3. If you experience technical problems or observe objectionable content or other content on the Mobile App that violates these Terms of Use, please contact us immediately at support@CrowdEyes.com

Information provided by third parties, including via links

  1. The links available via the Mobile App are for your information only. The linked websites are not controlled by CrowdEyes, and CrowdEyes therefore bears no responsibility for the content of these websites or the content of links to such websites. CrowdEyes only provides these shortcuts to facilitate access to these websites. The fact that CrowdEyes makes a link available on the mobile app does not mean that CrowdEyes has approved the current website.

Intellectual rights, disclosure rights

  1. All rights (including all intellectual property rights, such as trademark rights, design rights, copyrights, patent and utility model rights, know-how, etc.) to the Mobile App and to the Services belong without limitation to CrowdEyes or CrowdEyes’ suppliers. All company names, trademarks and other business characteristics on the Mobile App belong to either CrowdEyes or a third party and may only be used commercially with prior permission from CrowdEyes.
  2. When you publish a Post on the Mobile App, CrowdEyes automatically and without prior notice acquires a royalty-free, time-limited and freely transferable right to use the Post. You are not entitled to a royalty or other form of payment or remuneration for the rights to your Postings that are hereby provided to CrowdEyes. CrowdEyes can freely use and pass on your Posts in connection with the Mobile App and/or the Services, including in connection with the transfer of the rights to the Mobile App and/or the Services to third parties. CrowdEyesI access to freely use the Postings acquired from you applies irrevocably, without time limit and without territorial restrictions, and only with respect to applicable non-derogable legislation, including regarding personal data.
  3. Subject to the above, it is permitted for a Registered User to download limited extracts of Posts for their own personal use, provided that no more than one copy of a given piece of information is taken.

Changes etc. of the mobile app, changes to the terms of use

  1. CrowdEyes reserves the right to continuously change or temporarily or permanently discontinue the Mobile App (or parts thereof) or to discontinue or change existing Services or launch new Services with or without notice. You agree that CrowdEyes is not liable to you or any third party for any changes, temporary interruptions or permanent discontinuation of the Mobile App or associated Services. CrowdEyes will continuously change these Terms of Use.
  2. CrowdEyes will consider the amended Terms of Use accepted upon your renewed login or use of the Services after the changes have been published on the Mobile App.

CrowdEyesI limitations of liability regarding the mobile app

  1. The Mobile App, the associated Services and published Posts are made available as they are and as they are. CrowdEyes makes no guarantees regarding the Mobile App, the Services or published Posts. CrowdEyes thus does not guarantee the content or correctness of published Posts and is not responsible for its own or others’ deletion or blocking of Posts. CrowdEyes can in all cases at any time and without incurring liability delete any posting on the Mobile App. CrowdEyes expressly and to the fullest extent disclaims any condition and guarantee that may be implied by law or custom.
  2. CrowdEyes expressly and to the fullest extent disclaims any responsibility for publication or for the content of any posting. CrowdEyes’ disclaimer applies to any Posting, including Postings edited by CrowdEyes. CrowdEyes expressly and to the fullest extent disclaims any responsibility for the content of any third-party website linked from the Mobile App.
  3. CrowdEyes expressly and to the fullest extent disclaims any responsibility for your or a third party’s use of the Mobile App and the associated Services, including for publishing Posts, or for responding to or relying on other people’s published Posts. CrowdEyes disclaims all liability for indirect damages and losses, including but not limited to loss of revenue, loss of operations, loss of business opportunity, loss or destruction of data or data recovery, loss of goodwill, loss resulting from security breach and any other consequential loss . However, nothing in these Terms of Use shall exclude or limit CrowdEyesl liability for death or personal injury as a result of negligence or liability for willful use or publication of incorrect information, or other liability which cannot be limited or waived under applicable prescriptive legislation.
  4. CrowdEyes’ total liability to you for compensation is, however, in any case limited to an amount of DKK I ,000 per calendar year. The remedies set out in these Terms of Use are the only remedies you can invoke against CrowdEyes regarding matters attributable to the Mobile App.

Consumer complaints

  1. If you experience errors or shortcomings with the Mobile App, you are always welcome to contact us at support@CrowdEyes.com so that we can find a satisfactory solution.
  2. If it is not possible to find a solution, we are in accordance with the Consumer Complaints Act per I October 201 5, covered by the following alternative dispute resolution body:
    Center for Complaint Resolution Competition and Consumer Authority Attn: Center for complaint resolution Carl Jacobsens Vej 35 DK-2500 Valby
  3. Consumer complaints about us are submitted to the Center for Complaint Resolution via the Danish Competition and Consumer Authority’s website klagonline.forbrug.dk.

Choice of law and jurisdiction, completeness of the agreement

  1. These Terms of Use are subject to Danish law. Copenhagen City Court is the venue. The United Nations Convention on the International Sale of Goods (CISG) does not apply to these Terms of Use.
  2. These Terms of Use constitute the full and complete agreement of all terms and conditions between you and CrowdEyes in relation to the Mobile App, the Services and the published Posts..
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