Terms & Conditions

For Use of the Website and Developing Apps

 

1.          General

1.1        Any use of products, software, hardware, services and web sites (hereinafter the “Services”) operated by GN Store Nord A/S or its subsidiaries (hereinafter “GN”) is subject to these terms and conditions (herein after the “Terms”) which shall form a legally binding agreement between you and GN.

1.2        These Terms shall apply in addition to any other terms GN may require you to accept prior to use of the Services.

2.          Acceptance

2.1        Any use of the Services is conditional upon you accepting the Terms. You are considered to have accepted the Terms:

(a) If you click to accept or agree to the Terms, where this option is made available; or

(b) By actually using the Services.

3.          Provision of Services

3.1        The Services provided by GN may change from time to time without prior notice to you. You agree that GN shall be entitled to change, cease or suspend its provision of the Services and/or software applications at GN’s sole discretion for any reason whatsoever, without prior notice to you. You agree that you shall not be entitled to any compensation should GN decide to change, cease or suspend its provision of the Services and/or software applications.

3.2        You agree that where use of the Services requires you to create an account, GN shall – at its sole discretion – be entitled to disable access to your account temporarily or permanently. Furthermore, you accept that any content stored in your account may be lost or destroyed. You shall not be entitled to any compensation for denied access or lost or damage of any content stored in your account.

4.          Use of Services

4.1        GN may require you to submit personal information as part of the registration process for the Service, or as a requirement for your continued use of the Services. You warrant that any information provided GN will be accurate, correct and up to date.

4.2        You warrant that you shall only use the Services in accordance with the Terms and any applicable law, regulation or generally accepted practices in your jurisdictions. Should GN discover that your use of the Services are not in compliance with the Terms or any applicable law, regulation or generally accepted practice, GN reserves the right to suspend or terminate you use of the Services and hold you liable for such breach.

4.3        You warrant that you shall only access the Services through the interface provided by GN. Furthermore, you warrant at all times to comply with the instructions provided by GN and not to access (or attempt to access) the Services through any automated means.

4.4        You warrant at any time not to participate in any activity which will interfere with or disrupt the Services or is likely to do so.

4.5        Unless you have obtained prior written permission from GN, you may not reproduce, duplicate, copy, sell, trade or resell the Services for any purposes whatsoever.

4.6        You warrant that you shall be solely responsible for any breach of your obligations under the Terms.

5.          Passwords and Account Security

5.1        You shall at all times keep your password(s) strictly confidential. Any activity in your account shall be your sole responsibility. If you discover any unauthorized use of your password or your account, you shall notify GN hereof immediately by sending an email to ih_dev@gn.com.

6.          GN’s Privacy Policy Concerning Use and Storage of Personal Information

6.1        For information about GN’s data protection policy, please go to [insert website link] which may be changed from time to time without prior notice.  This policy describes how your personal information is treated and what it is used for.

6.2        You hereby consent to GN’s use of your personal information in accordance with GN’s Privacy Policy.

7.          Content

7.1        You agree that all information (including computer software, audio files, pictures and videos) displayed as part of or alongside the Services (hereinafter the “Content”) shall be the sole responsibility of the person from which such content originated. Such Content may be the intellectual property right of GN or a third party. You may under no circumstances modify, rent, lease, loan, sell, distribute or create derivative works from such Content (either in whole or in part) unless prior written approval has been obtained from the right holder.

7.2        GN shall be entitled, but not obligated, to pre-screen, examine, modify, filter, refuse or remove any and all Content. GN shall have no liability for any Content and you accept that you may be exposed to Content which you find offensive or indecent.

7.3        You shall be solely responsible for any Content that is created, transmitted or displayed though your account.

8.          Proprietary Rights

8.1        You accept that GN and GN’s licensors shall be the sole owner of all legal rights, title and interest in and to the Services, including any intellectual property rights, whether such rights are registered or not. You warrant not to remove or alter any proprietary notices which are affixed to or contained within the Services. Furthermore, you understand that the Services may contain confidential information which you may not disclose without GN’s prior written consent.

8.2        You may under no circumstances use GN’s name, trade name, logo, domain names, trademarks, designs, slogans or other distinctive brand features without the prior written consent of GN.

8.3        Subject to the limited license in Section 10, GN accepts that you shall be the sole owner of all legal rights, title and interest in or to any Content that you submit, post, transmit or display on, or through, the Services. GN shall have no obligation to protect or enforce such rights.

 

9.          License From GN

9.1        GN herby grants to you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use – in accordance with the Terms – any software provided by GN as part of the Services (hereinafter the “Software”). Unless prior written permission has been obtained, you shall not be permitted to assign, sub-license or otherwise transfer your rights to use the Software.

9.2        You may under no circumstances – and shall not permit anyone else to – copy, display, sell, modify, create a derivative work of, reverse engineer, decompile, disassemble or otherwise attempt to extract the source code of the Software or any part thereof, unless this is required by law or prior written permission from GN has been obtained. Furthermore, you may under no circumstances attempt to crack the security mechanism embedded within the Software.

9.3        Software provided by GN may only be used to develop applications designed for GN’s products.

10.        License From You

10.1     You shall retain sole copyright to Content you submit, post or display on or through the Services. You accept that by submitting, posting or displaying any Content, you grant GN a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content.

10.2     You accept that this license shall include the right for GN to make such Content available to other third parties.

10.3     You accept and grant GN the permission to (a) transmit or distribute Content submitted, posted or displayed by you on other public networks and in media; and (b) make any necessary changes to your Content to ensure its compatibility with any technical requirements of any connecting networks, devices, services or media.

10.4     You warrant that you have all rights, power and authority necessary to grant the above license.

11.        Software Updates

11.1     The Software may at times automatically download and install updates. You agree to accept to such updates which may consist of bug fixes, enhancements, new software or new versions.

12.        Termination

12.1     The Terms shall apply until they are terminated by you or GN in accordance with the terms set out below.

12.2     You may terminate this Agreement at any time by (a) notifying GN hereof in writing or (b) close all your accounts. Your notice should be sent, in writing, to ih_dev@gn.com.

12.3     GN may terminate this Agreement at any time if:

(a) You have breached or is likely to breach any provision of the Terms; or

(b) GN is required to do so by law; or

(c) The partner with whom GN offered the Services to you has terminated its relationship with GN or ceased to offer the Services; or

(d) GN no longer wishes to prove the Services for whatever reason; or

12.4     Nothing in this Section shall affect GN’s other rights according to the Terms.

12.5     Upon termination of the Terms (in part or in whole), all of the legal rights, obligations and liabilities shall cease to exist, unless they are expressly or by their nature determined to continue indefinitely, in which case they shall be unaffected by the termination.

13.        EXCLUSION OF WARRANTIES

13.1     NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GN’S WARRANTY OR LIABILITY TO THE EXTENT SUCH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR IMPLIED WARRANTIES. ACCORDINGLY, THESE LIMITATIONS DO NOT AFFECT YOUR LEGAL STATUTORY RIGHTS UNDER YOUR APPLICABLE NATINAL OR LOCAL.

13.2     YOU EXPRESSLY ACCEPT THAT ANY USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS IS”.

13.3     YOU UNDERSTAND THAT GN, ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT:

(a) THE SERVICES WILL MEET YOUR NEED,

(b) PROVISION OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE FROM ERROR,

(c) ANY INFORMATION OBTAINED AS A RESULT OF USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED AS PART OF THE SERVICES WILL BE CORRECTED, OR THAT ANY CONTENT IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

13.4     YOU ACCEPT THAT ANY USE OF THE SERVICES IS AT YOUR OWN RISK AND YOU ALONE ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, INCLUDING LOSS OF DATA, AS A RESULT OF YOUR USE OF THE SERVICES.

13.5     NO GUIDANCE, INSTRUCTION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.

13.6     EXCEPT TO THE EXTENT PROHIBITED BY LAW, THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. GN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14.        LIMITATION OF LIABILITY

14.1     SUBJECT CLAUSE 13.1 ABOVE, YOU ACKNOWLEDGE AND ACCEPT THAT GN, ITS AFFILIATES AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA , COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES;

(b) ANY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(ii) ANY CHANGES WHICH IS MADE TO THE SERVICES OR ANY CESSATION (PERMANENT OR TEMPORARY) IN THE PROVISION OF THE SERVICES, INCLUDING ANY FEATURE WITHIN THE SERVICES;

(iii) DELETION, CORRUPTION OR FAILURE TO STORE ANY CONTENT OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(iv) FAILURE BY YOU TO PROVIDE ACCURATE ACCOUNT INFORMATION;

(v) FAILURE BY YOU TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

14.2     THE ABOVE LIMITATIONS SHALL APPLY WHETHER OR NOT GN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

15.        Indemnity

15.1     You agree to indemnify, defend and hold GN harmless from and against all losses, expenses, damages and costs, including reasonable attorney’s and experts fees, arising out of or related to any claims made by a third party due to: (a) your use of the Services, or (b) your breach of the Terms and/or any applicable law or regulation or the rights of another due to your use of the Services. This indemnity obligation shall survive termination of this Agreement, including your cessation with regard to your use of the Services. GN reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you shall cooperate fully with GN in asserting any available defenses.

16.        Advertisements and Other Content

16.1     Some of the Services may be supported by advertising revenue and display advertisements or promotions.  You agree not to hold GN held liable for any actions or omissions of any third party advertiser or promoter.

16.2     The Services may include hyperlinks to other web sites or content which GN do not control. You accept that GN shall not be responsible for any such external website or content, and does not endorse any advertising, product or other materials available on such websites.

16.3     You accept that GN shall not be held liable for any loss or damage which may be incurred by you as a result of such websites or content, including any reliance placed by you on the completeness, accuracy or existence of any advertising, product or other material on or available from such external websites.

17.        Changes to the Terms

17.1     GN may make changes the Terms from time to time without any prior notification to you. The new terms will be available on https://developer.intelligentheadset.com. You accept that your continued use of the Services after the Terms have been change will be considered an acceptance of the new Terms by you.

18. General legal terms

18.1     Use of the Services may necessitate that you download additional software or purchase a certain good, which are provided by a third party. Your use of third party software or goods may be subject to separate terms between you and said third party. GN shall not be considered a party to any agreement made between you and the third party provider.

18.2     The Terms constitute the entire legal agreement between you and GN and govern your use of the Services.

18.3     You agree that GN may provide you with notices, including notices concerning changes to the Terms, by email or postings on the Services.

18.4     You accept that GN’s failure to exercise or enforce any legal right or remedy which is contained in the Terms (or which GN may have under any applicable law) shall not be considered a formal waiver of GN’s rights or remedies and such rights or remedies shall be available to GN at any time.

18.5     If any provision of this Agreement is held to be invalid, illegal or unenforceable, such determination shall not affect the validity of the remaining provisions which shall continue to be valid and enforceable.

18.6     You accept that all companies which are part of the GN Store Nord group shall be third party beneficiaries to the Terms and that they shall be entitled to rely upon and directly enforce any provision of the Terms.

18.7     These Terms shall be governed by the laws of the Denmark without regard to its choice of law provisions. Furthermore, you agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply. You agree to submit to the exclusive jurisdiction of the District Court of Copenhagen to resolve any legal matter arising from the Terms.

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