PLEASE READ THIS AGREEMENT CAREFULLY.
You represent to us that you are lawfully able to enter into agreements. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to act on behalf of that entity.
The information on the Site is not intended for distribution to or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance of local laws, if and to the extent local laws are applicable.
1. The Services
1.1 Services in General
You may access and use the Services in accordance with this Agreement. You agree to comply with the terms of this Agreement and all laws, rules, and regulations applicable to your use of the Services. The Services are part of the Site.
1.2 Offerings and Access
We offer a number of products (each a “Service”) under our brands owned by us. Services are accessed through the Site unless otherwise agreed in writing or otherwise offered. Some Services may require you to create an Account, enter a valid form of payment, and select a paid plan (a “Plan”), or initiate an Order for a Plan or Service.
1.3 Third-Party Content
In certain Services, Third-Party Content may be used by you at your election. Third-Party Content is governed by this Agreement and, if applicable, separate terms and conditions accompanying such Third-Party Content, which terms and conditions may include separate fees and charges.
1.4 Third-Party Services
2.1 To the Site
We may change or discontinue offering any portion or the whole Site, or change or remove functionality of any parts, or all of the Site from time to time. For any discontinuation of or material change to the Site, we will use commercially reasonable efforts to continue supporting the previous version of the Site for up to three months after the change or discontinuation (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) would cause us to violate the law or requests of governmental entities).
2.2 To this Agreement
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement (including any Policies) at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes.
3. Your Responsibilities
3.1 Play to Earn Mechanics
If the User elects to engage in any play to earn mechanism the User will be responsible to pay any and all sales, use, value-added or other taxes, duties and assessments.
3.2 Your Accounts
You are solely responsible for all activities conducted through your Account(s) whether or not you authorize the activity. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account(s), we may terminate your Account(s).
3.3 Your Use
You will ensure that Your Use of the Site does not violate any applicable law. You are solely responsible for Your Use of the Site.
3.4 Your Security and Backup
You are responsible for properly configuring and using the Site and otherwise taking appropriate action to secure, protect, and backup your Accounts and Your Content in a manner that will provide appropriate security and protection, which might include use of encryption.
3.5 Log-In Credentials and Account Keys
The User represents and warrants that the User is responsible for the preservation of confidentiality of the User’s login credentials. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person's use of your password to gain access to your Account. Login credentials generated for the User by us are for the User’s internal use only and the User is strictly prohibited from selling, transferring, or sub-licensing them to any other entity or person.
4. Fees and Payment
4.1 Publicly available services
Some services, including paid services up to a certain use threshold, may be offered to the public.
Each party will be responsible, as required under applicable law, for identifying and paying all taxes and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. We reserve the right to withhold taxes where required. The User will be liable to pay any taxes, interest, penalties or fines which may arise from any mis-declaration made by the User. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments.
We may suspend Your right to access or use any portion or the whole Site immediately upon notice to you if we determine: your use of the Site poses a security risk to the Site or any third party, could adversely impact our systems, the Site or the systems of any other user, could subject us, or any third party to liability, or could be fraudulent; you are, or any End User is, in breach of this Agreement; for entities, you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
6. Term and Termination
The term of this Agreement commences right after your use of the SIte, and will remain in effect until terminated under this Section 6. Any notice of termination of this Agreement by either party to the other must include a Termination Date that complies with the notice periods in Section 6.2.
We may terminate your use or participation in the Site at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
(b) Termination for Cause. We may also terminate this Agreement immediately upon notice to you (A) for cause if we have the right to suspend under Section 5, (B) if our relationship with a third-party partner who provides software or other technology we use to provide the Site expires, terminates or requires us to change the way we provide the software or other technology as part of the Site, or (C) in order to comply with the law or requests of governmental entities.
6.3 Effect of Termination
Upon the Termination Date:
(i) all your rights under this Agreement immediately terminate;
(ii) each party remains responsible for all fees and charges it has incurred through the Termination Date and are responsible for any fees and charges it incurs during the post-termination period.
For any use of the Site after the Termination Date, the terms of this Agreement will again apply.
7. Proprietary Rights
7.1 Service Offerings License
We own all rights, titles and interests in the Site and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to do the following: (a) access and use the Site solely in accordance with this Agreement; and (b) copy and use Our Content solely in connection with your permitted use of the Site. Except as provided in this Section 7.1, you may not acquire any rights in the Site from us under this Agreement, including any related intellectual property rights.
7.2 License Restrictions
Neither you nor any End User will use the Site in any manner or for any purpose other than as expressly permitted by this Agreement. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you, except as expressly permitted by this Agreement.
If you provide any Suggestions to us, we will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all rights, title, and interest in the Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgement or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
8.1 Intellectual property
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site, or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site.
8.2 Indemnified Parties
Whether or not you are aware of the scope, you hereby indemnifies and holds us and our directors, principals, agents, consultants, and employees (the indemnified parties) harmless from and against any losses, claims, damages, or liabilities (or actions in respect thereto) to which any party may be subject as a result of or in connection with us sharing information with the recipient. Regardless of whether we knew or should have known of the inaccuracy, or whether we failed to correct any misinterpretations of the information, we shall be indemnified for any liability relating to or resulting from any information or estimation provided by us that is inaccurate in any way due to misrepresentation, omission, failure to update, or other reasons.
9. Limitations of Liability
EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
10. Governing Law
11. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site itself. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
12.2 Personal and Anonymous Information
We collect both Personal Information and Anonymous information.
“Personal Information” is information about you that can be used to contact or identify you on-line or off-line, such as your name, birth date, home address, email address, credit card information and phone number. We may also collect other Personal Data provided by third party identity verification services or via social networking websites.
If you tell us where you are (e.g., by allowing your mobile device or computer to send us your location), we may store that information. Certain services, such as two-factor authentication, may require our collection of your phone number. We may associate that phone number to your mobile device identification information. If you contact us via email, message chat or similar functionality, we will collect your name and email address, as well as any other content included in the communication, in order to send you a reply.
12.3 How Personal Information is Used
We will only use your Personal Information according to the practices of international law. Please be aware that we may use your Personal Information without your knowledge or consent where this is required or permitted by law. All information collected automatically will be used to administer or improve the Site. We use the personal information you submit to us to fulfill your requests or to better serve you.
We may use your Personal Information, Anonymous information collected from you in any one or more of the following ways to:
12.4 How we Share your Personal Information with third parties
We reserve the right to use Anonymous Information for any purpose and disclose Anonymous Information to third parties in our sole discretion.
To improve the Site, and to serve you better, we may also use your Personal Information for our own marketing and research. We may use your Personal Data to form a view on what services we think may be of interest to you. You agree that by providing your personal information in connection with receiving services from us, that you have an established business relationship with us. As such, you provide us with express consent to contact you using your personal information for all matters relative to your use of the Site.
12.5 How Personal Information is Stored
We understand the importance of keeping your information secure and take it very seriously. We have implemented commercially reasonable security measures to safeguard your information and to prevent the loss, misuse and alteration of information under our control. We have procedures and security measures in place to prevent any unauthorized access. No transmission over the Internet or method of electronic storage can be guaranteed to be 100% secure. Thus, there is no transmission method that is entirely flawless, even though we have our security measures in place against possible breaches of our Site’s security and our user records and databases, and we are not liable for data loss, hacking, unauthorized access to our servers and systems or guarantee the security of user account information. Any transmission of your information to our Site is done at your own risk.
12.6 Retention of Personal Information
Until the law and regulations specify a different retention period, we will only keep your Personal Information for the time necessary to carry out the operations for which said Information has been collected by us.
These terms and conditions are a legal document that describes the obligations of Shipvagoo ApS (hereinafter referred to as “Shipvagoo”), and those of the customer in connection with the use of Shipvagoo's services, including Shipvagoo's freight service and use of Shipvagoo's payment solution (Shipvagoo Payments).
Your acceptance of these Terms is considered to be a legally binding agreement between yourself and Shipvagoo, valid from your acceptance date.
Shipvagoo reserves the right to make changes to the website or these terms at any time, or to add any additional terms in order to reflect changes in current legislation or changes to our service.