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Terms and conditions for a standard Podwalk license

1. Background
1. The app “Podwalk” (hereinafter referred to as the “Service”) is developed by Recho ApS, Irmingersgade 11 3th, 2100 Copenhagen, Denmark and all rights to the Service belong to Recho ApS. These terms regulate your use of the Service as a PRO-user.

2. About the terms of use
1. By using the Service you agree that all issues regarding the use of the Service is governed by these terms and conditions.

3. PRO-user’s rights
1. As a PRO-user you are – as other users of the Service – entitled to upload data to the server. Moreover. You will be provided with a PRO-username, which will be connected to all data uploaded by you.

2. As a PRO-user there is no limit as to the amount of data that you can upload in the Service.

3. As a PRO-user you are provided with an administration module (website) in the Service.

4. Liability
1. Recho ApS cannot be held liable for your use of the Service and excludes any liability which may arise as a result of such use. You are responsible for complying with all relevant laws when uploading content to the Service.

2. Recho ApS does not guarantee that the Service is error-free or protected against hacking or virus attacks and excludes any liability in this regard. The Service may be unavailable on some occasions due to e.g. updates of the Service. Recho ApS encourages you to take a back-up copy of all data which you upload to the Service and Recho ApS is not responsible for any loss of data in the Service.

3. As a PRO-user of the Service you are solely responsible for your conduct and any data, text, hashtags, audio, sounds, musical works and other content that you post, submit, upload or display on or via the Service.

4. Recho ApS has no influence on the information which you – or other users – share on the Service and excludes any liability for the content of this information.

5. As a PRO-user of the Service you agree that Recho ApS cannot be held responsible for the content posted on the Service and that you use the Service at your own risk.

6. You accept that Recho ApS is not liable to you for any damages or loss directly or indirectly related to the use of the Service. Likewise, Recho ApS is not liable for any damages or loss related to your inability to use the Service.

7. If you violate these terms and conditions, Recho ApS can stop providing all or part of the Service to you and is entitled to terminate your PRO-user account. License-fee paid in advance for future license periods will not be refunded.

8. Recho ApS has the right, at any time, to remove or delete any content on the Service, without liability if a third party claims that the content infringes his or her rights, or if the data – based on Recho ApS’ best judgment – is offensive.

9. Recho ApS cannot be held responsible for any dispute between you and users of the Service.

10. If Recho ApS despite the disclaimers in paragraph 4.1 – 4.9 should be ordered to pay damages to you, such damages can in total not exceed the amount of the total payment which you have paid to Recho ApS for your PRO-user license.

5. Rights
1. Recho ApS has all rights, including but not limited to intellectual property rights, to the Service. No rights to the Service are transferred to you as a result of your use of the Service.

2. As a PRO-user, you have the rights to the data which you upload and post on the Service.

3. You warrant that you have all rights, including but not limited to intellectual property rights, to the content that you upload to the Service and that such content does not infringe any third parties.

6. Marketing
1. Recho ApS is entitled to use your content as promotion and marketing of the Service itself.

2. Recho ApS may use your company name as promotion and marketing of the Service itself.

7. Deletion of data
1. If your PRO-user license expires or is terminated, cf. paragraph 4.7, you accept that content that you previously have posted on the Service may still appear within the Service. You are, however, entitled to – in writing – demand that such data is removed provided that you give Recho ApS information about which data shall be removed. Recho ApS will then remove the data within reasonable time.

2. If your PRO-user license expires or is terminated, cf. paragraph 4.7, you accept that Recho ApS is entitled to – but not obliged to – delete the data, which you previously has uploaded to the Service.

8. Assignment
1. Recho ApS is entitled to assign any and all rights or obligations under this license to a third party without your consent.

9. Disputes
1. Disputes which may arise between the parties under this agreement shall be governed by and construed in accordance with the laws of Denmark without giving effect to any choice of law or conflict of law provisions.

2. Should a dispute arise between the parties under this agreement the parties shall initiate negotiations in order to solve the dispute amicably.

3. In the event that an amicable solution cannot be reached each party is entitled to bring the dispute for the exclusive jurisdiction and venue of the City Court of Copenhagen.

 

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