Revision date: 2016-07-04

Användarvillkor

Villkoren som du som användare behöver godkänna för att använda Seekly finns endast på engelska. Vid oklarheter kring villkoren är du välkommen att kontakta vår support som kan besvara dina frågor.


Terms of Service Agreement

Welcome to Seekly! We provide an application for certain mobile operating systems, which includes software, services and websites (together called the “Service”). The following terms, set forth in this Terms of Service Agreement (from now on referred to as the “Agreement”), are between you as our user and Seekly and they constitute a legal agreement that governs the use of our Service. By signing up to use our Service you agree with our Terms and Policy, a statement of our Privacy Policy can be found at http://seekly.se/privacy.

We will from time to time update the Agreement and when we do so we will upload a new version at http://seekly.se/terms and update the “Revision date” at the top of the document. You as our user have the responsibility to review changes we do to this Agreement and remain informed about any changes to it. By using our Service after a new version has been uploaded you will automatically consent to any changes to this Agreement. The most recent version of this Agreement will supersede all earlier versions, and it contains the entire Agreement between you as a user and Seekly. If you do not agree with any of the terms set forth in our revised versions to this Agreement you should not use our Service.

1. Service

The Service we offer provides our users with a variety of different services aimed to facilitate the organising of events.

By using our Service you agree to obey with all applicable national or international laws, ordinances and regulations regarding your use of our Service, including, but not limited to, your involvement with our users, by participating in events and provision of Your Information, as defined in Section 3.

2. Membership

2.1 Eligibility

Our Service is available to all individuals who are at least 13 years old and by signing up you warrant that you at least 13 years of age, more information about our age restrictions can be found in our Privacy Policy. Our Service is not available to temporary or permanently suspended Seekly users. Additionally users are required to comply with certain requirements that are set by our event-creators, also called Admins or Creators.

We have the right to, by our own choice, suspend or terminate your personal account from our Service and refuse any and all current or future use of any or all dimensions of our Service.

2.2 Password and security

When you create your account, which enables your to make use of our Service, you will have to create a password of your choice to protect your account from unauthorized use. You agree to keep the confidentiality of your password and you are responsible for all liability and damages resulting from failing to maintain the confidentiality of your password. You agree to immediately notify us if you become aware of any unauthorized use of your password or breaches of security. You agree that Seekly shall not be liable for any loss or damage arising from not complying with these terms.

2.3 Fees

Seekly offer a free platform that you can download and use without any direct cost or “in-app purchases”. However, by downloading and using our application you will need internet access, which may result in costs depending on your internet service provider.

3. Your Information

3.1 Your Information definition

Your Information is defined as any information provided to Seekly either as Personal Information through registration (defined in Seekly’s Privacy Policy) or Public Information you make publicly available through your usage of our Service, for example by posting information on public message boards or other areas of our Service that are publicly available. Areas that are publically accessible are areas that are available to some or all of our users, or to the public.

You as our user are solely responsible for Your Information and Seekly acts as a passive channel for your distribution and publication of Your Information.

3.2 Restrictions

By using our Service you agree that you will not use our Service to upload, download, post, email, transmit, store or in other ways make any content available that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable as well as not stalking, harassing, threatening or harming another user or person. By using our Service you further agree to not pretend that you are anyone or any entity that you are not, you may not impersonate or misrepresent yourself as another person, entity, organisation, corporation or Seekly employee. Seekly has the right to reject or block any user that is believed to be an impersonation or misrepresentation of another person, entity, organisation, corporation or Seekly employee. You also agree that you will not post content, which is copyrighted by another person or entity, you agree that you will only post content you have the copyright for. You also agree that Seekly shall not be held responsible for your copyright violations and reserves the right to, if needed, give away information or content about misuse to relevant authorities.

3.3 License

Seekly does not claim ownership of Your Information; we will solely use your information in accordance with our Privacy Policy. To ensure that we do not violate any of your rights and to enable us to use your Public Information you grant Seekly a worldwide, permanent, irreversible, royalty-free right to use your copyright, publicity and database rights, however limited to what you have provided in your Public Information.

3.4 Restriction on use of Your Information

We will not sell, rent or disclose your personally identifiable information, except in ways described in our Privacy Policy and/or in this Agreement, to any third parties.

4. Meeting at events

4.1 Seekly meetings

Seekly provides a service that enable users to arrange physical meetings around mutual interests. These meetings might take place at sites that includes, but are not limited to, parks, restaurants, cafes, stores or private homes. You as our user understand that Seekly does not supervise these meetings and is not involved in the actions by individuals at these meetings. Therefore, Seekly has no control over individuals that are present at the meetings and we suggest that users are cautious and exercise good judgement when attending meetings through Seekly.

4.2 Release

Seekly cannot guarantee the true identity of our users (including but not limited to, name, gender, age, nationality, location) and because we have limited control over the quality, safety, morality, legality, truthfulness or accuracy of different aspects (as for example events) you agree that the risk is yours and you agree to relieve Seekly and Seekly’s directors, employees, shareholders, partners, subsidiaries and third party partners from claims, demands and damages of any nature, now or in the future, arising from, or in any way connected to our Services.

5. Communications from Seekly and members of Seekly

5.1 Seekly communications

We will communicate with you both in our application and through emails. These communications may contain newsletters, announcements, offers, or other types of information that we find relevant and beneficial to you. By using our Service you agree to receive such information from Seekly. You can manage communications from Seekly and deactivate parts of it, however, some basic communications are necessary for our Service and cannot be deactivated.

5.2 Communications with users of Seekly

By joining events you agree to receive information either from the creator of those events or other users from events. This communication is limited to communication within the application and users of Seekly cannot send you emails directly, if you have not chosen to provide other users with your Personal Information. Communication from users of Seekly may be of importance to you if changes or updates are done to events that you have joined.

You may in addition to abovementioned receive information privately from users through private messages within the application.

5.3 Use of pop-up windows

Seekly will not use pop-up windows as a way of advertising third-party products or services.

5.4 Other users

Seekly does not control communication made available through our Service by our users. You may find communication from users to be offensive, harmful, inaccurate or deceptive. Seekly advises you to be cautious and to use common sense when using our Service. There is a risk that users you are communicating with are acting under false pretence or are underage persons. If you in any way feel offended or harmed by communications from another user, or suspect that a user does not act according to our Terms and Policy, please do not hesitate to contact Seekly about your matter.

6. Privacy

Seekly collects information about you through our services. Our collection, use and disclosure of this information is governed by Seekly’s Privacy Policy Statement, which can be found at http://seekly.se/privacy/.

7. Links

You agree that Seekly may provide links to other websites in collaboration with third parties. You understand that Seekly has no control over such websites and Seekly shall not be held liable or responsible for services or products offered by third parties and their websites. We will however, to the best of our ability, make sure that links provided by us or third party partners are relevant to our Service.

Communication between our users, which is not controlled by Seekly, may also contain links to other websites. Since we do not control communication done by our users, you agree that Seekly shall not be held liable to, directly or indirectly, for any damages or loss caused by entering websites through links provided by our users.

8. Content

8.1 Content definition

Content is defined as any information generated or seen through the use of our Service, for example; photos, images, locations, events, or other parts of the application. By accepting these Terms you agree and understand that all content in the application, both privately transmitted or publically posted, is the responsibility of the person who brings the content to the application. Seekly is not responsible for any content that is uploaded, posted or handled within the application and we cannot guarantee the accuracy or quality of the content.

8.2 Modification of content

By accepting these Terms you agree and understand that Seekly may transmit content of the application across other public networks, medias, and modify your content to fulfil technical requirements of other networks or devices.

8.3 Removal of content

Additionally, you agree that Seekly has the right to, at all times, determine whether content in the application is appropriate and in obedience with these Terms and Seekly may pre-screen, move, modify and/or remove content, without prior notice, if the content is found to violate these Terms.

9. Indemnity

You agree to indemnify and hold Seekly, our officers, directors, shareholders, employees, agents, partners, subsidiaries and consultants harmless from any claim and/or demand including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any content you submit, post or otherwise make available through our Service; (b) your use of our Service; (c) violations by you of these Terms; or (d) violations by you of any rights of others. You understand that you are solely responsible for all use of the Service using your account and that these Terms apply to any and all usage of your account. You agree with these Terms and to defend, indemnify and hold Seekly harmless from any and all claims and/or demands arising from usage of your account, whether or not the usage is authorized by you.

10. Warranties; Liability

10.1 Disclaimer of warranties

You understand that your use of our Service is at your own risk and that the Service is provided on an “as is” and “as available” basis. Seekly disclaims all warranties and conditions of any kind, including, but not limited, implied, constitutional or statutory. Seekly further disclaims all warranties regarding security, reliability, timeliness and performance of our Service and any information acquired through our Service. Additionally Seekly disclaims all warranties regarding services or products acquired through or advertised in our Service through links, as well as any information or advice acquired through links in our Service.

Furthermore, no advise or information acquired by you from our Service shall generate any warranty. You also agree that Seekly will not be held responsible for any damages to your computer system or loss of data as a result from downloading material or data from the use of our Service, this is entirely your responsibility and you do so at your own risk.

10.2 Limitation of liability

You understand that Seekly will not in any scenario be liable to any direct, indirect, incidental, special or consequential damages, such as; damages for loss of profits, goodwill, use, data or intangible losses, arising from or in connection with our Service or our third-party partners, or the unavailability of our Service. You also understand that Seekly will not be held liable to any damages (as mentioned above) arising from or in connection with your use of our Service or transportation to or from, attendance, participation in or exclusion from our users’ events or groups or third-party partners’ events and/or the actions of you or others at events connected to our Service.

10.3 Exceptions

Exclusion or limitation of certain warranties or of incidental or consequential damages may not be allowed by some jurisdictions. Therefore, some of the limitations mentioned in this Section 10 may not apply to you.

11. Dispute resolution between Seekly users

Seekly may try to assist users in order to resolve disputes. In case we do, we will do so in our sole discretion and we have no obligation to try to solve disputes between users. If we attempt to solve a dispute we will do so in good faith based solely on the general rules and standards of our Service, we will not take any action regarding legal issues or claims.

12. Changes to the Service

Seekly reserves the right to, at any time or times, without prior notice, modify or remove, all or any parts of our Service, both temporary and permanently. You understand and agree that Seekly will not be held liable to you or to any third party, for modifications, suspensions or termination of our Service.

13. Termination; Breach

You understand that we, in our own discretion, may issue warnings, temporary suspend, permanently suspend, remove content or information posted through our Service, or terminate your account. We may do so for any reason, including but not limited to, your lack of use, if we believe you have violated these Terms, if we are unable to verify information you provide us with, or if we believe that your actions may cause legal liability to you, us or any of our users. Furthermore, you understand that we may do abovementioned at any time, with or without prior notice, and to limit or remove your access to information or files, provided by us, our third party partners, you, and/or our users.

14. Trademarks; Copyrights; Proprietary rights

14.1 Seekly’s trademarks

Seekly, the Seekly logo, the application logos and other, graphics, product or service names within our Service may be registered trademarks of Seekly AB. You agree to not use or display any of Seekly’s trademarks without written permission from Seekly.

Other trademarks, graphics and logos used in connection with our Service may also be registered trademarks by their respective owners. You agree and understand that you are given no right or license to any trademarks used within our Service.

14.2 Proprietary Rights

Other trademarks, graphics and logos used in connection with our Service may also be registered trademarks by their respective owners and may be covered by intellectual property and/or other laws. You also understand that content in our Service or presented through our Service by sponsors or in advertisement may be protected by copyrights, trademarks, patents or other laws. You agree and understand that you are given no right or license to any trademarks, copyrights, patents or other protected content provided within or through our Service.

15. Exploitation of our Service

You agree that you will not reproduce, duplicate, copy, sell, resell or exploit any parts of our Service for commercial purposes. Furthermore, you agree to not use the platform for any sales of products or services, promotions of a company or organisation, except if given permission from Seekly prior of doing so.

16. Additional terms

16.1 Notices

Seekly may provide you with notices regarding our Service, including changes to these Terms, by email to the address that you provided during the registration process, by a personal message in the application, push notifications and/or by posting on our website.

16.2 The entire Agreement

These Terms constitutes the entire agreement between you and Seekly, completely replacing any prior agreement between you and Seekly. This is however depending on if you have previously registered an account within our Service and provided us with Your Information. This agreement will, when you create an account, govern how we may use Your Information that you have provided in the past or choose to provide in the future.

16.3 No partnership

No partnership, employer-employee relationship, franchiser-franchisee relationship, agency or joint venture is created between you and Seekly by this Agreement.

16.4 Governing law

The laws of Sweden shall govern these Terms and the relationship between you and Seekly.

16.5 Transaction of Seekly’s assets

You agree and understand that Seekly may automatically transfer this Agreement to third parties, in our sole discretion, in case of a merger, acquisition, joint venture, or sales of Seekly’s assets.

16.6 No guaranty

You understand that Seekly cannot guarantee continuous, uninterrupted or secure access to our Service and that our Service may be interfered with by numerous internal or external factors that are outside of our control.

16.7 No waiver

If Seekly would fail to exercise or enforce any right or provision of these Terms, that shall not constitute a waiver of such right or provision.

16.8 Titles

The titles used in this Agreement are only for convenience and have no legal or contractual effect.

17. Violations

Seekly AB, company number: 559009-0857, offers the Service under this Agreement. Please send a notice of any violations of this Agreement by post to:

Seekly AB
Gröna gatan 6
553 36 Jönköping
Sweden

or by email to:
support@seekly.se