Terms of Service
Updated on: February 06, 2023
This agreement governs your use of the ContentAvenue website. Please also read our Content Agreement and Membership Agreements.
This website is owned and operated by ContentAvenue ApS ("ContentAvenue"). Access and use of the website, including the provided content is provided to you on condition that you accept these Terms of Service, and by accessing or using this website, you agree to these Terms of Service. If you do not agree to accept and abide by these Terms of Service you should not access or use this website.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
In addition to:
a reference to a gender includes all other gender
a reference to a person or entity includes a natural person, a partnership, a corporation, trust, association, an unincorporated body, authority or other entity; and
a reference to a person includes that person's legal personal representative, successors and permitted assigns;
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Denmark
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ContentAvenue ApS, Tornhøjparken 25, 9220 Aalborg Øst, Denmark.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service shall refer to the services on the Website offered by the Platform as described in these Terms.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Personal Data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Privacy Policy means our privacy and cookies notice located here Privacy Policy.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to ContentAvenue, accessible from ContentAvenue.com
Platform means our ContentAvenue platform, available at ContentAvenue.com
You or ‘User’ means the individual or entity accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Content means any resources purchased from the Website, including but not limited to articles and related materials;
Contract means the contract formed between a User and the Platform in connection with the purchased Content, in accordance with the terms and conditions set out in these Terms.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy and Membership Agreement of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
These Conditions are applicable to all Content Agreement, Membership Agreements and or Services and Offers made by through the Platform or ContentAvenue.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Intellectual Property
The User acknowledges that the Platform and all material published on the Platform including but not limited to text, graphics, photos, logos, button icons, images, trademarks, audio and audio visual clips, databases, data compilations, data and software (but excluding any content uploaded by users of the Platform) (hereinafter referred to as the Platform Content) are (as between you and us) owned and controlled by us, or licensed exclusively to us. You may not copy, adapt, display, communicate to the public or otherwise use any Platform Content except as enabled and permitted by the Platform from time to time.
“ContentAvenue” is a registered Trademark of ContentAvenue ApS and has its registered offices at ContentAvenue ApS, Tornhøjparken 25, DK-9220 Aalborg, Denmark.
Termination
We may, in our sole discretion, terminate or temporarily suspend your password, account (or any part thereof) or use of the Platform without prior notice or liability, if The User is in breach of these Terms or if we believe in our reasonable discretion that your use of the Platform is unsuitable in any way.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Nothing in these Terms excludes or limits our liability for liability that cannot be excluded or limited under applicable law.
It is a condition of accessing the Platform that you accept and agree we shall not be liable for any harmful effect that accessing the Platform may have on you, and you agree that you access and use the Platform entirely at your own risk.
Without limitation to the generality of the foregoing, whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise:
we will not be liable to you for any loss or damage arising under or in connection with:
use of, or inability to use, the Platform;
use of or reliance on any content displayed on or produced via the Platform;
the acts or omissions of any other user of the Platform; or
any liability whatsoever arising in relation to the production of a Production;
we will have no liability to you for any indirect or consequential losses of any kind or for any loss of revenue, profit, business opportunity, contracts, data or goodwill (whether direct or indirect) arising out of or in connection with these Terms and/or the Platform; and
Except as expressly set out in these Terms and to the maximum extent permitted by law, we make no representations, warranties or guarantees of any kind in respect of the Platform or any content available through the Platform and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Your access to the Platform may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any planned disruption, but we will not be liable to you if for any reason the Platform is unavailable at any time or for any period.
No Reliance on Information
Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date.
Indemnification
The User agrees to defend, indemnify, and hold harmless the Platform, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives, from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Services and the Platform, or otherwise from a breach of these Terms, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to this indemnification clause, in which case you agree that you will cooperate and help us in asserting any defences.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Miscellaneous
If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.
These Terms, and the documents referred to in them, constitute the entire agreement between you and us in relation to the subject matter of these Terms and supersede and extinguish any prior agreement in respect of the same.
Nothing in these Terms shall limit our right to bring a suit, action or proceeding (Proceeding) against you in the courts of any country in which you have assets or in any other court of competent jurisdiction nor shall Proceedings we institute in any one or more jurisdictions preclude us from instituting Proceedings in any other jurisdiction (whether concurrently or not) if and to the extent permitted by applicable law.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions or suggestions about our Terms of Service, do not hesitate to contact us.
Or reach out using our Contact form
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