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infoSync Mobile - Terms of Service 1. Acceptance of Terms of Service The infoSync World web site ("infoSync World ") is currently provided free of charge with the exception of the mobile version ("infoSync Mobile"). These Terms of Service govern your use of infoSync Mobile and all services provided in connection with infoSync Mobile. InfoSync AS shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not subscribe to or enter infoSync Mobile. If these Terms of Service change, a note will be posted on the infoSync Mobile home page requesting that you review this document again. If you do not agree to the changes in the Terms of Service as they may occur, please arrange to terminate your registration with infoSync AS immediately (i) by notifying infoSync AS of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of infoSync Mobile. Your continued use of infoSync Mobile will signify your acceptance of any change in the terms and conditions set forth herein. From time to time infoSync AS may supplement these Terms of Service with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on infoSync Mobile to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. 2. Registration Information/Privacy Policy infoSync AS employs a third-party subscription management system provided by PayPal (www.paypal.com). You will be required to provide your name, e-mail address, and credit card information to PayPal in order to subscribe to infoSync Mobile. Any information provided by you or gathered by infoSync AS or third parties during any visit to infoSync Mobile shall be subject to the terms of the infoSync Mobile Privacy Policy. infoSync AS reserves the right to terminate your infoSync Mobile subscription if infoSync AS learns that you have provided false or misleading registration information. 3. Termination infoSync AS reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your subscription(s) with or ability to access infoSync Mobile and/or any other service provided to you by infoSync AS upon any breach by you of the Terms of Service. 4. Modifications of these Terms of Service infoSync AS may modify these Terms of Service from time to time in its sole discretion. Each time you log on to infoSync Mobile, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we will also post a note on the infoSync Mobile home page stating that the Terms of Service has changed. 5. Modifications to infoSync Mobile infoSync AS will notify you if infoSync Mobile is modified or discontinued. 6. Subscription Username and Password You are responsible for maintaining the confidentiality of your information and password. Do not give your username or password to other people. You agree to immediately notify infoSync AS of any unauthorized use of your subscription or password. 7. Notification of Any Possible Copyright Infringement In the event you believe that material or content published on infoSync Mobile may infringe on another's or your copyright, please send a detailed message to us via our Contact Form. 8. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF infoSync Mobile IS AT YOUR SOLE RISK. infoSync Mobile IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. InfoSync AS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. infoSync AS MAKES NO WARRANTY THAT infoSync Mobile SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT infoSync Mobile WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES infoSync AS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION ON infoSync Mobile. infoSync AS WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF infoSync Mobile. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF infoSync Mobile IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. . infoSync AS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN infoSync Mobile. YOUR PARTICIPATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM infoSync AS, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. infoSync AS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH infoSync Mobile OR ANY TRANSACTIONS ENTERED INTO THROUGH infoSync Mobile. infoSync AS IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE infoSync Mobille SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against infoSync AS with respect to such sites. 9. Limitation of Liability infoSync AS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE infoSync Mobile OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH infoSync Mobile OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF infoSync AS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. Indemnification You agree to indemnify and hold each of infoSync AS, their affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of infoSync Mobile, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity. 11. Applicable Law These Terms of Service shall be governed by and construed in accordance with the laws of Norway, without giving effect to its conflicts of laws provisions. By registering for or entering infoSync Mobile, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Oslo, Norway. 12. Remedies for Breach of these Terms by You In the event that infoSync AS determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of infoSync Mobile, infoSync AS reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to infoSync Mobile; (iii) delete all content provided by you to infoSync Mobile; (iv) discontinue your subscriptions(s) with infoSync Mobile; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which infoSync AS deems to be appropriate. If your subscription(s) with or ability to access infoSync Mobile and/or any other service provided to you by infoSync AS is discontinued by infoSync AS due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of infoSync Mobile, then you agree that you shall not attempt to re-register with or access infoSync Mobile, and/or any other service provided by infoSync AS, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, infoSync AS reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you. 13. Miscellaneous In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. infoSync AS may assign its rights and obligations under these Terms of Service and upon such assignment infoSync AS may be relieved of any further obligation hereunder. You represent to infoSync AS that you have the authority to register with or visit infoSync Mobile according to these Terms of Service. InfoSync AS does not encourage, solicit, or permit visitors who are known to be under the age of 13 to subscribe to infoSync Mobile services. These Terms of Service and any Additional Terms (as such terms shall be identified when posted on infoSync Mobile) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of infoSync AS, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
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1999-2004 infoSync World - Editor-in-chief :
Jørgen Sundgot
, Technical Director:
Sindre Lia
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