These are Initialpoint AS's terms for the app, as published at initialpoint.no (archived 25 June 2022). For the privacy policy, see the privacy policy.
Thank you for choosing us!
This is an agreement between you and the Norwegian limited liability company Initialpoint AS (“Initialpoint”, “us” or “we”) regarding your use of our application “Initialpoint” and any related services to the app (collectively, the “app”).There might be change of functionality in the app over time, but the core functionality of the app is as described on our webpages (www.initialpoint.no).
Unless otherwise explicitly stated in these terms of use (the “terms”), the terms will not change the ownership of any intellectual property belonging to either party. Where your content is used by us we do so under a licence (see sec. 6below). Remember that other user’s content, such as text and photos, may be protected by copyright. You may only post content on or through the app which is produced by you or that you have the right to post.
By using the app, you agree to be bound by these terms. If you disagree to the terms are not entitled to use the app.
1. About the terms. The terms concerns your use of the app and any related services we may provide. Any future update or related services are subject to the terms.
2. Intended use. The app is intended for your internal (if you are a museum, association or other contributing entity) or private (if you are a private person) purposes only, in connection with viewing the content and normal use of the app.
3. Age limit. To create a user account on the app, you must be 15 years or older, or have your parents or guardians’ consent to create the user account.
4. User rights. Initialpoint grants you a non-transferable, non-sublicensable, time-limited, non-exclusive, revocable, right to access and use the app for the intended purposes described here and on our webpages (www.initialpoint.no).
5. Retained rights. Contents on the app provided by Initialpoint may be protected by copyright, trademark, design, patent, trade secret and other laws. As between the parties, Initialpoint owns and retains all rights in such content and the app. Any trademarks or trade name designation for the app will remain in the exclusive ownership of Initialpoint.
6. Our rights to user content. We do not claim any ownership rights in the text, files, images or any other materials that you post on or through the app (collectively, “user content”). By posting any user content on or through the app, you hereby grant Initialpoint a non-exclusive, perpetual and irrevocable, royalty-free, worldwide, unlimited license to use, modify, delete from, add to, publicly perform and display, reproduce and translate such user content on any media.
7. User obligations. If you post user content on or through the app, you are alone responsible and liable for the quality and legality of such content. We reserve the right to remove or block any user content. You agree not to use the app to do any of the following: (i) Anything illegal where you or we are located; (ii) Cause nuisance to other users of our app; (iii) Interfere with our app; (iv) Try to access our systems in another way than advertised by us or cause damage to the app.
8. Warranties. You warrant that: (i) you own the user content posted by you on or through the app or otherwise have the right to grant the license set forth in these terms, (ii) the posting and use of your user content on or through the app does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity or entails any illegal purposes, and (iii) the posting of your user content on the app does not result in a breach of the contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of user content you post on or through the app.
9. Third party links disclaimer. Third party links on or through our app are provided for your convenience only. Initialpoint accepts no liability or responsibility for any content or functionality on the linked sites. Links to other sites are used at your own risk.
10. Registered or unregistered user. You may use the app as both a registered and unregistered user. You register by creating a user account in the app and provide data about yourself and as prompted by the registration forms. Data submitted must be accurate. On your user account you may log the different places or objects you have visited using the app. Please note, that access to some parts of the functionality of the app, such as collecting points by visiting historical objects or places, requires that you are a registered user.
11. Technical requirements. The app’s interface is available through the operating systems and browsers listed on www.initialpoint.no. You must provide suitable computer systems, software, internet connection or other technical requirements that you need to use the app.
12. Customer service. Inquiries in connection with the app may be directed to customerservice@initialpoint.no.
13. Data protection. The app is compliant with Norwegian and European Union data protection laws, including the EU General Data Protection Regulation (GDPR). The following privacy policy applies: privacy policy
14. Force majeure. Neither Initialpoint nor you will be liable for failure or delay in performance on account of events beyond our control, which may include denial-of-service attacks, failure by third party hosting provider or utility provider, strikes, shortages, epidemics, riots, fires, war, terrorism, governmental action and other force majeure events.
15. As is. The app and all related components are provided on an “as is” and “as available” basis without any warranties. Initialpoint expressly disclaims any warranties, express or implied, including implied warranties of merchantability, title, fitness for particular purpose and non-infringement.
16. Limitation of liability. Initialpoint’s total annual liability related to use or provision of the app will in no event exceed the total amount paid by you in the six months preceding the event giving rise to liability. We will not be liable to you or any third party for any lost data, profits, savings or revenues or for any other indirect, special, incidental or other consequential damages or for infringement of intellectual property rights. If you have paid nothing, we are not liable for any loss. This section is Initialpoint’s only obligation of liability related to use of the app.
17. Confidentiality. Initialpoint and you shall keep all personal and business information received in relationship to the terms confidential.
18. Duration. Your subscription lasts until you terminate the subscription. Your subscription can be terminated by you at any time without further written notice.
19. Termination. If you breach the agreement, we may terminate it with immediate effect.
20. Updated terms. Initialpoint may from time to time issue new or revised terms. The new or revised terms will become binding upon you if you do not object to the changes within 7 days of being informed of the new terms. You will be deemed as informed about the new terms when they are posted on our webpage or in the app. If Initialpoint will not accommodate the objections you may have, you are entitled to terminate the agreement immediately. The new terms will apply until the termination is effective.
21. Notices. To the extent permitted by law, all notices and other communications shall be in writing in English.
22. Choice of law. To the extent permitted by law, the agreement is subject to the laws of Norway. and any disputes that arise out of the agreement shall be settled by the Oslo City Court, as exclusive legal venue.