Effective as of June 10th, 2019
Please read the entire agreement carefully. RECCO is willing to allow access and use of the RECCO platforms to provide its related information, services, software functionality, or materials only on the condition that you accept and agree to all of the terms and conditions contained in this agreement. ANY PARTICIPATION ON THIS WEBSITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, DO NOT USE THIS WEBSITE.
Please note that RECCO reserves the right to change the terms and conditions at any time. Your continued use of the RECCO website and platforms following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this agreement. Accordingly, please review the agreement found at this location on a standard basis.
Intellectual property rights
RECCO and all other names, logos, and icons identifying RECCO and its programs, products, and services, including any logos, page headers, icons, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of RECCO and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark laws. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of respective owner is strictly prohibited, and nothing stated or implied on the RECCO website or platforms confers on you any license or right under any trademark of RECCO or any third party.
RECCO is the owner of a number of patents issued in a number of countries around the world concerning the Recco technology and RECCO is continually working on new ideas and concepts
that could result in new patents. Any attempt to copy any technical solution invented by RECCO will be considered a possible patent infringement and will be brought to the relevant court by RECCO.
All text, images, photographs, graphics, user interface, and other content provided on the RECCO website or platforms, are owned by RECCO or its third-party partners under copyright laws. RECCO also holds rights in the contents on the RECCO website or platforms as a compilation or collective work. Any download option or printable programs, information, or materials available through the RECCO website or platforms and rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by RECCO and/or its licensors or suppliers.
Nothing stated or implied on the RECCO website or platforms confers on you any license or right under any intellectual property right of RECCO or any third party. The RECCO website and platforms and the information contained in reference herein are for your personal, non- commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the RECCO website or platforms, or use the contents of the RECCO website and platforms in litigation, or for any commercial or promotional purposes, without the express written consent of RECCO.
Notice of Intellectual property infringement
RECCO respects the intellectual property of others. When we become aware of allegations of intellectual property infringement of any kind in any material distributed through the RECCO platforms, we will immediately take proper action in order to defend our legal rights in any trademark, patent or copyright.
You acknowledge that you may be liable for damages, including attorneys' fees and other costs, if you materially are infringing our legal rights in any intellectual property rights.
License and Access to RECCO platforms
RECCO grants you a limited license to access and make personal use of the RECCO platforms and not to download (other than browser-required page caching) or modify the RECCO platforms, or
any portion of them, except with express written consent of RECCO. Accordingly, you expressly acknowledge and agree that RECCO transfers no ownership or intellectual property interest or title in and to the RECCO platforms (or any part thereof) to you or anyone else. You may print and download materials and information from the RECCO platforms solely for your personal use. This license does not include any resale or commercial use of the RECCO platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the RECCO platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
The content layout, formatting, and features of and access privileges for the RECCO platforms shall be as specified by RECCO in its sole discretion. You also acknowledge and agree to the following: (i) RECCO has the right to control and direct the means, manner, and method by which the RECCO platforms are provided; (ii) RECCO may, from time-to-time engage independent contractors, consultants, or subcontractors to aid RECCO in providing the RECCO platforms or use thereof; and (iii) RECCO has the right to provide the RECCO platforms to others.
The license granted does not include any right for you to reproduce, duplicate, copie, sell, resell, visit, or otherwise exploited for any commercial purpose without the express written consent of RECCO the RECCO platform. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RECCO and our affiliates without express written consent from RECCO or its partners. In addition, you may not use any other hidden text using RECCO’s name or trademarks without the express written consent of RECCO. Any unauthorized use terminates the permission or license granted by RECCO.
Other Terms and Conditions
Additional notices, terms, and conditions may apply to the purchase, return, or delivery of products. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this agreement and other notices, terms, and conditions posted to the RECCO platforms, RECCO shall resolve any conflict in good faith in its sole discretion, but the terms shall generally control with respect to your use or purchase of that product. We have made every effort to display as accurately as possible the colors and images of our products that appear on the platform. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of RECCO. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Links to Third Party Web Sites
The RECCO platforms may contain hyperlinks (“links”) to web sites operated by persons or entities other than RECCO (“third-party websites”). We provide such links for your reference and convenience only. A link from RECCO to a third-party website does not imply or mean that we endorse the content on that third-party website or the operator or operations of that website. You are solely responsible for determining the extent to which you use any content at any third- party websites to which you might link from the RECCO platforms. You are liable of reading the term of use on that specific website. RECCO IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
Postings & Reviews
The RECCO platforms may contain news, press releases, message boards, comment areas, questionnaires, emails, and other interactive features and functionality where users can share and post information. To the extent that the RECCO platforms contain such communication forums (collectively, “Forums”), you agree that by using the RECCO platforms you will not upload, post, display, or transmit any of the following materials on the RECCO platforms’ forums:
Anything that interferes with or disrupts the RECCO platforms,
Statements or material that, break laws, misuses, threat, threatens, intimidates, or in any
way violates the rights of others,
Unauthorized copyrighted materials or any other material that infringes on the intellectual
property rights, trade secrets, or privacy of others,
Statements or material that violates other contractual or fiduciary rights, duties, or
Statements or material that is bigoted, hateful, or racially offensive,
Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
Statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
Statements or material that harms minors,
Statements or material that impersonates any other person or entity, whether actual or
fictitious, including, without limitation, employees and representatives of RECCO,
Statements or material that misrepresents your affiliation with any entity and/or RECCO,
Anything that violates the privacy or publicity rights of any other person, including, without
limitation, posting any personal identifying information of another individual,
Chain letters or pyramid schemes,
Statements or materials that are deceptive or misleading,
Statements or material that constitute junk mail, spam, or unauthorized advertising or
Statements or material that are “off-topic” for a designated Forum, and
Files that contain malicious code, viruses, corrupted files, or any other similar software or
programs that may damage the operation of another’s computer, network, or the RECCO
Forums are the resources and property of RECCO and/or its licensors, and you will not have any proprietary interest in any forum. Moreover, by submitting content or information of any type (a “Posting”) to a forum or other portion of the RECCO platforms or by otherwise using the RECCO platforms to transmit or display a posting, you automatically grant RECCO a perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the posting available to RECCO and a forum, and you also acknowledge that such postings are non-confidential for all purposes and that RECCO has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right
and license, it is understood that by merely permitting your information, content, and materials to appear on the RECCO platforms RECCO has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a post. Moreover, RECCO assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
You agree to comply with all applicable Swedish laws and European regulations in connection with your use of the RECCO platforms, and such further limitations as may be set forth in any written or on-screen notice from RECCO (provided in connection with your use of the RECCO platforms). As a further condition of your use of the RECCO platforms, you warrant that you will not use the RECCO platforms for any purpose that is unlawful or prohibited by this agreement. You access the RECCO platforms on your own terms and are responsible for compliance with all applicable laws with respect to your access and use of the RECCO platforms. All information that you provide in response to a request or in connection with a purchase or transaction or other monetary transaction interaction with the RECCO platforms will be accurate, complete, and current.
By using the RECCO platforms, you agree not to violate or attempt to violate the security of the RECCO platforms, including, without limitation, actions such as:
• Accessing data not intended for you or logging into a server or account that you are not authorized to access;
• Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the RECCO platforms;
• Sending unsolicited e-mail, including promotions and/or advertising of products or services; and
• Forging any TCP/IP packet header or any part of the header information in any e-mail or posts.
Actual or attempted unauthorized use of the RECCO platforms may result in criminal and/or civil prosecution. RECCO reserves the right to view, monitor, and record activity on the RECCO platforms without notice or permission from you, including, without limitation, by archiving
notices or communications sent by you through the RECCO platforms. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the RECCO platforms as well as to disclosures required by or under applicable law or related government agency actions. RECCO will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, RECCO reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the RECCO platforms, or any portion of the RECCO platforms in order to protect the RECCO platform, RECCO, or RECCO's business or goodwill.
Disclaimer of Warranties and Limitations on Liability
The RECCO platforms are provided by RECCO on an “as is” and “as available” basis. to the maximum extent permitted by law, RECCO makes no representations and warranties of any kind, express or implied, as to the operation of the RECCO platforms or the information, content, third- party content, materials, products, services or linked services provided on or through the RECCO platforms, including without limitation, that the information provided through the RECCO platforms will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; that the RECCO platforms will be available at any particular time or location; that defects or errors in the RECCO platforms will be corrected; or that the content on the RECCO platforms is free of viruses or other harmful components. Any information on the RECCO platforms is subject to change without notice, and RECCO disclaims all responsibility for these changes. You expressly agree that your use of the RECCO platforms is at your sole risk. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non- infringement.
To the maximum extent permitted by law, RECCO disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
In no event will RECCO, or any party involved in creating, producing, or delivering the RECCO platforms, be liable for any damages of any kind arising from the use of the RECCO platforms, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the RECCO platforms or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to RECCO through the RECCO platforms; in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure; or with respect to any claim or damage arising from a cause beyond RECCO’s control whether in an action under contract, negligence, tort, strict liability, or any other theory, even if RECCO has been previously advised of the possibility of such damages. Certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Applicable Law and Disputes
This Agreement, your rights and obligations, RECCO’s rights and obligations, and all actions contemplated by this agreement will be governed by Swedish law. This agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods. Any dispute relating in any way to your visit to the RECCO Platforms shall be submitted to the relevant Swedish courts.
Term and Termination
This agreement will take effect at the moment you access and begin using the RECCO platforms. RECCO reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the RECCO platforms or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions of this agreement. Termination will be effective without notice. The provisions concerning RECCO's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, miscellaneous legal terms, and governing law will survive the termination of this agreement for any reason.
Miscellaneous Legal Provisions
We may discontinue the RECCO platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the RECCO platforms at any time for any reason, without notice. We may discontinue or restrict your use of the RECCO platforms at any time for any reason, without notice.
The failure of RECCO to enforce any provisions of this agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This agreement is the entire and final agreement regarding the RECCO website and platforms and their content, and supersedes any prior or contemporaneous communications between RECCO and you regarding the RECCO platforms and their contents.
All rights not expressly granted herein are hereby reserved.