Terms & Conditions Elveguiden PRO
Terms of Use
The Elveguiden / SalmonRivers websites, related mobile applications and services (collectively, the “App” or “Services”) are made available to you by Xperitech AS, subject to these Terms of Service (the “Terms”).
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU AGREE TO FOLLOW THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
Welcome to the mobile application (“App”), Elveguiden / SalmonRivers, owned by Xperitech AS ("Company"). By using this app, you agree to the following terms and conditions ("Terms of Use"). These Terms of Use should be read in conjunction with our Privacy Policy, which is available on the app and may be updated from time to time. By giving consent, registering, accessing, or using the app, or downloading material from the app, you agree to follow the Terms of Use. If you do not agree to these Terms of Use, do not register, access, or use the app or any material downloaded through the app. Please ensure that you keep up to date with any changes to the Terms of Use by regularly visiting the legal section of the app or website.
Access rights
Upon agreeing to these Terms of Use, you can download and install the app released by the Company from the public application store, and to use the app and view its content on your personal device. This access is non-exclusive and personal, meaning it is not transferable to anyone.
It is important to note that this app, including all content, is protected by worldwide copyright and treaty terms. By accessing and using this app, you agree to comply with global copyright rules and to prevent illegal copying of the content. Please be aware that, except as expressly stated herein, the Company does not grant any explicitly or implied legal right to you under any patent, design, trademark, copyright, or trade secret.
Access to other services
The Company may offer services subject to these Terms of Use or other specified terms. These services are for your personal use only and not for the benefit of any third party. Services may include those offered free of charge or subject to a subscription. The Company reserves the right to modify, update, or discontinue any service at any time. By using any service, you agree to comply with all applicable terms and conditions.
Compatibility and responsibility
The App is developed to support all common mobile devices in markets where the App is distributed. However, different router and device models may have firmware or settings that are not compatible with the App. The Company makes reasonable efforts to ensure compatibility, but does not guarantee that the App will be compatible with all mobile devices or other hardware.
Please note that you are responsible for any costs or expenses that arise as a result of downloading and using the App, including all operator network and roaming fees. Contact your service provider for details.
By using the App, you agree to accept full responsibility for ensuring the compatibility of the App with your device and acknowledge that the Company shall not be held liable for any issues that may arise due to incompatibility.
User account and responsibility
To access certain limited parts of the App, you may be required to create a user account. To complete the registration process, you must provide us with complete and accurate information as outlined in the registration form. You will also need to choose a password.
You are solely responsible for maintaining the confidentiality of your password and user account. You agree to notify the Company immediately if you discover any illegal use of your account or any other security breaches. You acknowledge that you are fully responsible for any and all activity that takes place in your account.
Please note that the Company shall not be liable for any losses resulting from someone else using your password or your account.
Fees
To access certain features of the App, you may need to pay subscription fees on a monthly or annual basis, including any applicable taxes, paid in advance. If you change from a monthly to an annual subscription, the annual rate will apply at the next billing date. By using the App, you agree to pay all fees and charges associated with your account, whether on a one-time or subscription basis. The Company reserves the right to increase fees, taxes or introduce new fees with reasonable notice.
Auto-renewal
Your subscription fee will be charged automatically at the beginning of the applicable monthly or annual period and will continue to renew until you cancel or downgrade your subscription. Unless otherwise notified in advance, your subscription fee will remain the same as your initial charges. You have the option to cancel your subscription at any time.
Cancellation
Subscriptions through Google Play or iTunes store can be canceled by downgrading it through the respective store. The cancellation will be effective at the end of your current billing cycle. After the subscription ends, your account will remain as a free subscription. You can renew your subscription at any time without creating a new account, although the subscription fees may have increased. You have the option to delete your account at any time from your account.
Free trial You may be offered a free trial when you sign up for a subscription. The duration of the free trial will be specified at the time of sign-up, and cannot be combined with other offers unless otherwise stated. If you choose to start your subscription with a free trial, your Payment Method will be authorized for up to one month of service when you register. This may temporarily reduce your available balance or credit limit, but no charges will be made unless you do not cancel before the end of the trial period. If you don't cancel, we will start billing your Payment Method for subscription fees at the end of the free trial period. You can cancel your subscription at any time.
Content
As a user of the Company's Services, you acknowledge that you are solely responsible for all Content that you upload, post, email, transmit or make available through the Services. The Company does not regularly screen or monitor the Content posted by other users and, therefore, does not guarantee its accuracy, integrity or quality. The Company reserves the right to screen, monitor, hide, refuse or remove any Content at its sole discretion, including any Content that violates the Terms or is otherwise objectionable. You understand that your use of the Services may expose you to offensive, indecent or objectionable Content, and the Company will not be liable in any way for such Content, including any errors or omissions or any loss or damage incurred as a result of using such Content.
You agree that the Company is not responsible for, and does not endorse, any Content posted on the Services. If your Content violates the Terms, you may be legally responsible for such Content. Your relationship with the Company is not confidential, fiduciary, or special in any way, and your decision to submit any Content does not place the Company in a position any different from the position held by members of the general public. Your Content will not be subject to any obligation of confidence on the part of the Company, except as outlined in our Privacy Policy, and the Company will not be liable for any use or disclosure of any Content you provide.
The Services may allow you to mark certain Content as private. The Company will maintain the privacy of such Content according to your selection. However, if you do not mark your Content as private, or if you later change the designation to allow such Content to be made available to anyone, you will be responsible for the public nature of the Content.
By using the App, you grant the Company permission to use your profile name, and information about your catches and activity, in ads, offers, and other commercial contexts without compensation to you. The Company reserves the right to anonymously track and report your activity in the App, for internal use and statistically use by third-parties.
Conduct
We expect you to adhere to the community standards of our Company and App. Our App is intended for personal, non-commercial use only. You are not permitted to modify, distribute, transmit, display, reproduce, publish, license, create derivative works, transfer, or sell any part of the App, its use, or access to its content for commercial purposes. You are also not allowed to engage in any of the following prohibited activities:
Copying, framing, or mirroring any part of the App.
Accessing the App to monitor its availability, performance, or functionality.
Permitting any third party to access the App.
Using, copying, modifying, creating derivative works of, reverse engineering, decompiling, or attempting to extract the source code of the software underlying the App or any part of it, unless expressly permitted or required by law and with prior written notice to our Company.
Publishing, transmitting, distributing, or storing illegal, obscene, defamatory, threatening, harassing, abusive, or hateful content, material, information, or data, or content that advocates violence. This also includes any content that is harmful to the App or interferes with any third party’s networks, equipment, applications, services, or websites, infringes upon any privacy, intellectual property, publicity or personal rights, or contains fraudulent or false statements or misrepresentations.
Attempting to disrupt, degrade, impair, or violate the integrity or security of the App or any computer, service, account, or network of any other party. This includes any activity that typically precedes attempts to breach security, such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of our internet protocol space.
Avoiding payment of charges or fees payable by you with respect to the App.
Committing any act that may be harmful to minors.
Distributing or disclosing any part of the App in any medium, including without limitation by any automated or non-automated “scraping”.
Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the App in a manner that sends more request messages than a human can reasonably produce in the same period of time by using a conventional web browser.
Taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure at our sole discretion.
Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the App, from the App.
Using the App for any inappropriate commercial solicitation purposes.
Accessing any content on the App through any technology or means other than those provided or authorized by the App.
Submitting to the App or to our Company any personally identifiable information, except as necessary for the establishment and operation of your account.
Submitting to the App or to our Company any information that may be protected from disclosure by applicable law.
Bypassing the measures we may use to prevent or restrict access to the App, including features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content within it.
Violating any applicable law, statute, ordinance, or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability.
Removing any copyright, trademark, or other proprietary rights notices contained in or on the App.
Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the App’s servers or any data not intended for you.
Changes and suspensions
The Company retains the right to modify, alter, add, or remove any part of these Terms of Use, in its sole discretion, at any time. Any changes will become effective once they are published within the App, and your continued use of the App following such changes constitutes your acceptance of the revised Terms of Use.
The Company may terminate, modify, correct errors or omissions, or make other changes to the App, including its content, products, programs, services, or prices, at any time without notice or liability. The Company may also restrict access to certain features or services, or to the entire App, without notice or liability. In the event that the authorization, rights, and permissions granted to you are terminated, you must immediately destroy all content obtained from the App.
While the Company is not obligated to monitor the App or content sent through it, it reserves the right to remove, suspend, edit, or modify any user content at any time, without notice or reason, including content that violates these Terms of Use or is subject to claims or allegations from third parties or authorities. The Company also reserves the right to access, read, store, and disclose any other information (excluding personal information) submitted or available within the App that it deems necessary to comply with laws and regulations, enforce these Terms of Use, prevent fraud or security issues, respond to support requests, or protect the rights, property, or safety of the Company, its users, or the public.
Versions of the app
You do not have the right to receive any updates, upgrades, or improvements to the App developed by the Company or its suppliers or licensors in the future, including maintenance releases, updates, repairs, extensions or improvements. However, the Company may offer updates and support, which may be provided automatically or through notifications. The Company has the authority to provide automatic updates if it is necessary for the continued operation of the App or for a reasonable business purpose. Your use of any updates is subject to these Terms of Use unless new or additional terms are presented when downloading or installing. If you wish to download, install or use a new or modified version of the App, you agree that you may need to agree to revised Terms of Use.
Third party software
These Terms of Use apply only to your relationship with the Company. The App includes links to third-party websites, but the Company is not responsible for monitoring or assessing these websites or their content. The Company does not guarantee the accuracy or reliability of third-party websites or content.
If the App includes third-party software, the terms that accompany that software apply in addition to these Terms of Use, and the third parties who provided that software are also bound by these terms.
Push alerts
The app can send push notifications to users as part of normal operation. You can turn off push notifications in the App settings.
Advertising
The App may display advertisements and promotions from the Company, its affiliates, or third parties.
Feedback
We value your input and suggestions regarding our App and the services we provide through it. If you provide feedback, you grant us a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to use such feedback to improve and enhance our App and to develop new products and services. By providing feedback, you acknowledge that we may use, make, have made, sell, offer for sale, import, and export products and services based on your Feedback. Therefore, please do not provide us with any feedback that you do not wish to license to us as described above.
Disclaimer of Warranties and Liability
While we strive to ensure the accuracy of information within our App, we cannot guarantee that all content is error-free. The App's content may contain inaccuracies, typographical errors, or other defects, and we do not warrant the completeness or reliability of any advice, opinions, statements, or other information displayed or distributed. By using this App, you acknowledge that any use of such information is at your own risk. All content is provided "as is" and "as available." The Company and its affiliates expressly disclaim any and all warranties, including but not limited to warranties of merchantability or fitness for a particular purpose, non-infringement, or suitability for specific purposes, relating to the operation or content of this App. We do not guarantee the safety of this App and reserve the right to monitor any information submitted through it. The Company also cannot guarantee that the website or services that make this App available or any electronic communications sent by the Company or the App are free from viruses or other damage. All warranties and terms are disclaimed except where prohibited by applicable law.
The Company and its beneficiaries shall not be liable for any loss or damages, including direct, indirect, consequential, punitive, retaliatory, special, or incidental damages (including, but not limited to, loss of business, contract, revenue, data, information, or production stoppage) arising from or in connection with the use or inability to use this App or its content, or in connection with these Terms of Use, even if the Company has been advised of the possibility of such damages. Furthermore, the Company and its beneficiaries expressly disclaim all liability for losses, damages, or injuries resulting from the use of the App through a connected product over Wi-Fi, SMS, Bluetooth, or any other connection technology. In addition to the stated Terms of Use, the Company and its beneficiaries shall not be liable for any errors, inaccuracies, omissions, or other deficiencies, or for any outdated or false information in this App. Liability for any companies referred to in this section is excluded to the extent that the law prohibits exclusion. In cases where exclusion of liability is prohibited or restricted by applicable law, the Company and its beneficiaries disclaim responsibility to the maximum extent permitted under applicable law, including exclusion of liability for direct and indirect damages, and further, you agree that you have taken all reasonable steps to reduce your loss as a result of claims or actions (including negligence, breach of contract, or otherwise) that you may bring against the Company. In all circumstances, any action you take regarding the use of the App must be initiated within one (1) year after the claim or action occurs.
Legislation
The laws of Norway shall govern your use of this App, subject to any applicable statutory consumer rights, without consideration of conflicts between statutory provisions.
Beneficiary third party
The Company and you acknowledge that Apple Inc., Google Inc., and its affiliates are third-party beneficiaries of these Terms of Use. As such, the Company and you acknowledge that they are not obligated to (1) provide maintenance and support services for the App, (2) address any claims by you or any third party relating to the App or your possession and/or use of the App, or (3) indemnify you for any third-party claims or assume any responsibility for the operation of the App.
Support and questions
Contact us through www.elveguiden.no