Terms & Conditions

 

1  Acceptance

 

These Terms of Use set out the terms & conditions for the use of the Services provided by Newjelly AS (Company) through the website newjelly.com. The Terms of Use apply to all Users of the Services, including but not limited to Project Creators, Fans and providers of content.

Any use of the Services constitutes your acceptance of the Terms of Use, and you are responsible for having read such Terms of Use carefully before initiating any use of the Services.
Company may at its sole discretion amend these Terms of Use, and you are expected to ensure that you stay informed of any such amendments by frequently visiting the updated Terms of Use being made available at newjelly.com at any time. Your continued use of the Services is considered to be an acceptance of the amended Terms of Use being made available at any time.
By accepting and complying with these Terms of Use you are granted a non-exclusive and non-transferable limited license to use the Services as specified herein. Company may however at any time, at its sole discretion, revoke such license and terminate your right to use the Services.
Any Users under the age of 15 need parental approval before using any of the Services.
 
2 Services
Company acts as a facilitator for crowd funding to enable creators of cultural projects (Project Creators) to meet potential supporters of their projects (Fans). Project Creators present their projects through the Services, and Fans may sign up to such projects by providing the requested funding. If sufficient funding is generated the project is to be executed, and the Fans are to receive their Reward from the Project Creators, as specified in relation to each project.
Company may decide to include, reject or remove projects on the Services at its sole discretion, however such decision shall not in any way be considered to be an approval or endorsement of projects. Company may furthermore make any such changes to the project information as it considers to be appropriate. Users and user submissions may be blocked from the Services at Company’s sole discretion.
The funding will be reduced by a fee to Company and to Company’s partner in providing the payment services before being provided to Project Creator (Net Funding). If sufficient funding is not reached for a specific project, the Net Funding will be returned to the Fans. Project Creators, Fans and any other users of the Services are responsible for any VAT or other taxes related to their own business.
Users of the Services are responsible for fulfilling their own obligations related to their use of the Services, and under no circumstances may Company be held liable for any damages, loss or any other consequences of a party’s lack of meeting such obligations.
 
3 User obligations
Users are responsible for their own use and activity in relation to the Services, including any use or activity occurring through their dedicated user identity. Users are responsible for keeping their password and account information confidential.
Users of the Services are responsible for ensuring that any information published or otherwise provided related to the Services is truthful and complete, and that such information does not infringe on any 3rd party intellectual property rights. Users are solely responsible for any infringement caused to any 3rd party intellectual property rights, and shall indemnify Company for any such claims.
Users warrant that all aspects of their use of the Services will be lawful (including compliance with relevant local law), in accordance with any relevant 3rd party contracts and in good taste, and shall be solely responsible for any breach thereto.
Any rights to content remain with Users or such 3rd party as may have such rights irrespective of these Terms of Use. Users however grant to Company (without any right to claim royalties, fees etc) all rights necessary for Company to be able to provide the Services as intended.
Users agree to refrain from any use not in compliance with these Terms of Use. Furthermore, Users shall refrain from use that may be considered obscene, vulgar or otherwise offensive, and from any use that may be considered as “spam”.
Users shall not themselves, or contribute to that others, decompile or reverse-engineer software related to the Services.
Users agree to report to Company if they become aware of any breach of these Terms of Use.
Any breach of the provisions stated in this Section 3 is considered a material breach of these Terms of Use.
 
4 Disclaimer / liability
The Services are provided “as is” with no representations or warranties with respect to fitness for a particular purpose or otherwise, and all use of the Services shall be at Users own risk. The Services will be made available on a best effort basis.
Company is not responsible for making any proposed project available through the Services, or for any contribution from Fans being accepted.
Under no circumstances shall Company be liable for projects being true or being presented in an accurate manner, in sufficient funding being reached, for the Reward being provided, for payments being made or refunded, 3rd party claims, or any other circumstances related to anything but acting as a provider of a technological platform to enable the parties to meet. The Services are not monitored at a project level, and Company shall not under any circumstances be responsible or liable for any damages, loss or obligations relating to specific projects. Any dealings, transactions etc related to specific projects are solely between the parties. Users agree to indemnify Company and its partners for any such claims as specified in this paragraph.
Websites related to 3rd parties may be linked to through the Services, but Company shall not be responsible for any content or other circumstances related to such 3rd party websites.
Company shall not under any circumstances be liable for indirect damages (including loss of profits, loss of data, 3rd party and other consequential losses etc), and Company’s total liability shall never exceed NOK 1 000.
 
5 Termination
Company shall have the right to terminate Users and projects at its sole discretion, and refund the relevant Net Payments, without liability.
Company shall have the right to terminate the Services in any area or jurisdiction as it sees fit, at its sole discretion and without liability.
 
6 General
If any provisions herein are found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use otherwise remain in full force and effect.

These Terms of Use and any use of the Services is subject to Norwegian law and Oslo tingrett is agreed legal venue for any disputes that are not resolved through negotiations.


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