Terms of Use - Sharecat Website

Through the Sharecat website and associated pages (the “Site”),you have access to a variety of resources and content. These include:

i.    Sharecat pages, data, messages, text, images, photographs, graphics, audio and video and documents such as press releases, white papers and similar ("Materials").

ii.   Access to login to the Sharecat Software as a service (SaaS) offerings ("Software" and/or “Sharecat Platform”).

Software, Materials and other information, content and services are collectively referred to as "Content."

The following are terms of a legal agreement between you ("You" or "Your") and Sharecat Solutions AS and its affiliated companies ("Sharecat"). By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site ("Terms of Use") and our Privacy Policy.

Sharecat may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted. The most current versions will be available via the links in the footer of our website.

1. Software as a service & other services

Please note that these Terms of Use do not govern the use of any Software as a service offerings or others services provided by Sharecat and for which You are required to enter into a separate agreement.

The use of the Sharecat platform is in accordance with specific license agreements applicable to a corporation or other organisation and its users.

2. Permissible use of site and content

The Site and Materials are for your non-commercial use, that is, your use must not be intended for or directed towards commercial advantage or monetary compensation. You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the Site or Materials.

You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print the Materials; provided that:

i.    The Materials may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media

ii.   The Materials may not be modified or altered in any way, including any copyright notices.

The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Sharecat or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and Sharecat reserves the right to terminate the permissions granted to you inSection 2 and your use of the Content at any time.

You may not use the Site in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any Sharecat server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorised access to any Site, user accounts, computer systems or networks connected to any Sharecat server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.

3. Confidential information

Any information or content provided by you shall not be considered confidential information and shall be received and treated by Sharecat on a non-confidential and unrestricted basis. Sharecat shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you share, other than as specified in Sharecat's Privacy Policy.

4. Your information, privacy & data protection

When you complete a form on the Site you may be required to provide certain information, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing Sharecat with Personal Data, You expressly agree that Sharecat may collect, use, store and otherwise process Your Personal Data for the purpose of communications and related activities in which you agree to participate.

You are responsible for and agree to provide Sharecat with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with Sharecat, or the correction (in case You are not able to correct or update your information directly on the Site), or deletion of Your Personal Data by contacting Sharecat via the contact forms in the “About Us” section of the Site.

You understand and agree that Sharecat collects, uses, stores and otherwise processes Your personal information and utilisation data and may share such data with third party service providers for the purposes of improving or providing the Site subject to Sharecat’s Privacy Statement.

You agree to comply with the terms of the Sharecat privacy statement, which can be found by clicking on the “Privacy” link at the bottom of the Site.

4.1. Persons under 18 year of age

Persons who are under 18 years of age are not eligible to use the Site, and Sharecat ask that no information in relation to such persons be submitted to us.

5. No Unlawful or Prohibited use

You agree not to use the Site, or Content provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.

6. Indemnity

You agree to indemnify and hold harmless Sharecat, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you Share, your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights, including intellectual property rights.

7. Monitoring

Sharecat reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion.

8. Termination of Use

Sharecat may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Sharecat may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. You agree that Sharecat shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have Shared.

9. Third Party Websites

The Site provides links to websites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Sharecat is not responsible for third party Content provided on or through the Site or for any changes or updates to such third-party sites, and you bear all risks associated with the access to, and use of, such websites and third-party Content, products and services.

10. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS. SHARECAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. SHARECAT MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Statements and explanations on the Sharecat Site and Content are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published SHARECAT description of or advertisement except to the extent SHARECAT has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of SHARECATs management.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. SHARECAT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

11. Limitation of Liability

IN NO EVENT SHALL SHARECAT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

12. Privacy Policy

Sharecat is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Sharecat's Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with Sharecat's Privacy Policy. You understand that Sharecat collects, uses, processes, possesses, and otherwise stores your personal information and utilisation data and may share such data with third party service providers for the purpose of improving or providing services subject to Sharecat's Privacy Policy.

13. Availability of Products

Information on the Site may reference or cross-reference Sharecat products or services that might not be available in your location. Such references do not imply that Sharecat plans to make such products or services available in your location.

14. Waiver and Severability

The failure of Sharecat to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.

15. Export Restrictions/ Legal Compliance

You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of applicable laws or regulations.

16. Applicable Laws

The laws of Norway govern these Terms of Use without giving effect to any principles of conflicts of laws. To the extent possible under applicable law, venue for all disputes in connection with this Terms of use shall be Bergen, Norway.

17. Copyright & Trademarks

Copyright ©2022 Sharecat Solutions AS and/or its affiliates.

You agree that you will not use the Site or Content to infringe Sharecat's Intellectual Property rights or the Intellectual Property rights of others. You may not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any originals or copies of Content you access on or through Sharecat’s Site.

18. Contact Information

If you have any questions regarding these Terms of Use, please contact Sharecat via the contact form in the “About Us” section of the Site.

Last Revised: 30th June 2022