TERMS OF SERVICE
These terms of service (the "Terms") apply to your use of the highlight.fm application operated by highlight.fm ("highlight.fm", "us", "we" or "our"). By accessing and/or using our Services, you thereby confirm that you have read and thereby agree to be bound by the Terms. If you are between 13 and 18 years of age, you hereby agree that your legal guardian has read these Terms and agree that you are bound by the Terms.
highlight.fm’s website and mobile applications are services for logging, tracking, and sharing reading related information. By accepting these Terms, we grants to you a non-exclusive, non-transferable, non-sublicensable, and limited right to access and use our Services for your own private purposes only, provided that your use is in accordance with these Terms.
You acknowledge that you are fully responsible for the internet connection and/or mobile charges that you may incur for using our Services. Please consult your carrier, mobile operator, etc. for further information.
highlight.fm hereby reserves the right in its absolute discretion to remove any Content from the Services, but is not required to do so. highlight.fm does not review Content and is therefore not responsible for any third party Content or Content provided by you or information contained therein, made available or otherwise used in connection with the Services, and is not responsible for the deletion or loss of any Content.
You acknowledge and agree that we may share Content with our partners and/or companies that we cooperate with.
RULES GOVERNING USER CONTRIBUTIONS; PROHIBITED ACTIVITIES
A. User Contributions. If you are a member of the Service and you are logged in to your member account, you may be able to submit comments, stories and content to the Service (collectively, “Contributions”). You are entirely responsible for the content of, and any harm resulting from, any Contributions that you post on or through the Service. When you create or make available a Contribution on or through the Service, you represent and warrant that you: - own or have sufficient rights to post your Contributions on or through the Service; - will not post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights; - have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees and any other monies required to be paid in connection with Contributions that you post on or through the Service; - will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under the age of 13 or exploits anyone in a sexual or violent manner; - will not post Contributions that contain advertisements or solicit any person to buy or sell products or services; and - will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
B. Prohibited Activities. In addition to the obligations described in Section 5(A), you agree that in connection with your use of the Service, you will not: - use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent; - transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications; - impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; - post advertisements or solicitations for jobs or employment on the Service, or otherwise use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service; - post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents; - decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or - circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 7) or enforce limitations on use of the Service or the Materials on the Service.
RIGHTS IN CONTRIBUTIONS
A. Ownership of Contributions. We do not claim any ownership rights in the Contributions that you post on or through the Service. After posting your Contributions on the Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.
B. Grant of License to Us for Contributions. By making a Contribution to the Service, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (so that we can use affiliates, subcontractors and other partners such as wireless carriers and hosted service providers to make the Service available to you) and worldwide (because the Internet is global in reach) license to: - Use, edit, format, reproduce, publicly perform, publicly display, disseminate, market and distribute the Contribution in connection with the Service; - Create, distribute and make publicly available excerpts of Contribution for promotional and/or advertising purposes; - Create and use derivative works there from in order to promote the content on the Service.
The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services.
Certain rules must be complied with in order to maintain the integrity of the Services and to promote the user experience. You may only use the Services if:
OUR MANAGEMENT OF THE SERVICE; USER MISCONDUCT
A. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (a) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contribution or any portion thereof; (d) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (e) screen our users or members, or attempt to verify the statements of our users or members and/or (f) monitor disputes between you and other users or to terminate or block you and other users for violating these Terms of Service.
B. Interactions with other Users. You are solely responsible for your interactions with other users of the Service. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Service and that you give to other users of the Service. You are discouraged from publicly posting your telephone number or street address on the Service. Information posted to the Service by other users of the Service may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Service. Opinions and other statements included in users’ Contributions do not represent the opinions or statements of the Company and the posting of a Contribution on the Service does not constitute the Company’s support or endorsement of any opinions or statements expressed in the applicable Contribution.
C. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Service, OR OF ANY APPLICABLE LAW OR REGULATION.
In addition, if you agree that our Services is allowed to interact with any third party (such as social network sites), you give us permission to use information which that third party shares with us. You are advised to read third party terms carefully to see what information they might share with us.
TERMINATION AND CANCELLATION
You may terminate your account and use of the Services at any time. You agree that highlight.fm may terminate your account and use of the Services if you breach these Terms. However, highlight.fm does not intend to take such actions in case of a minor breach. We may also cancel unconfirmed accounts or accounts that have been inactive for a long time.
You hereby acknowledge that if either we or you terminate your account, all your Content will be made inaccessible.
You hereby acknowledge and agree that as soon as you start using the Services you waive any statutory cancellation rights that you might otherwise have had.
highlight.fm may change the Services at any time, such as by adding or removing features or discontinuing the Services.
In addition, highlight.fm is entitled to modify these Terms at any time. We will notify you of any major modifications to the Terms by e-mail 30 days in advance. If you do not wish to accept such Terms you can terminate your account. Any continued use by you of the Services following notification of modified Terms shall constitute acceptance by you of such.
THIRD PARTY SERVICES
highlight.fm may include links to third party services and/or third party services may be made available to you via highlight.fm. These services are subject to respective third party terms and conditions. You are advised to read third party terms carefully as they constitute an agreement between you and the third party.
You agree that all copyright, trademarks and other intellectual property rights relating to the Services are owned by highlight.fm or its licensors.
These Terms and all policies posted on our website represent the entire agreement between you and highlight.fm relating our Services, and replace all earlier agreements and understandings between you and us.
If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be adjusted and shall not affect the validity and enforceability of the remaining provisions.
APPLICABLE LAW AND DISPUTES
These Terms shall be governed by and construed in accordance with the laws of Sweden. We both agree that the courts of Sweden shall have non-exclusive jurisdiction to settle any dispute, controversy or claim arising out of, or in connection with, this Agreement, or the breach, termination or invalidity of the Agreement.