Acropheus

TERMS AND CONDITIONS

The terms and conditions in this document (the “agreement") stipulate a legal contract between you and Acropheus and/or Acropheus' Subsidiaries. Please read the terms and services carefully and fully. You may not accept the agreement/use our services if a) you do not agree to the terms and conditions or b) you are not of legal age to form a binding contract with Acropheus (see section 2) or c) you are legally prevented from using our services by laws governing the country from which the services are being used or d) you are not in a mental state to give informed consent (see section 9) or e) you do not understand or you are unclear of these terms and conditions (see section 9).

1. Acceptance of the Terms and Conditions

You accept these terms and conditions by a) using the applicable interface (normally, but not limited to, checking a checkbox or clicking an 'accept'/'join' button) or b) when you start using our services or c) when you register for a user account (see section 2). Acceptance of the terms and conditions binds you to a legal contract with Acropheus and/or Acropheus' Subsidiaries.

2. Registration and User account

Some services require your personal information (including, but not limited to, your email, username, phone number and/or account password) in order to use the services. This information can, for instance, be used during the registration process or to give you access to certain services. This information constitutes part of your 'user account'. By accepting the agreement, you agree that all information will be accurate and kept up to date.

Unless otherwise stated, your user account spans throughout all our services. This means you can, unless otherwise stated, access all our services using one account. In accordance with section 1 above, creation of a user account constitutes your acceptance of our terms and conditions throughout all our services.

Acropheus strives to protect all user accounts. We, however, do not warrant its protection. It is your responsibility to keep your user account information safe and up to date. Acropheus is not liable for any damages (including, but not limited to, theft, loss of files or privacy breach) due to loss of this information. In the case that damages occur from Acropheus' side, rectifications (including but not limited to, retrieval of the account and/or any lost data if possible) will occur as soon as possible. Acropheus will not be liable for any damages. By accepting our services, you accept all risks involved in managing your user account.

Unauthorized access to a user account (either by you or someone else) constitutes a breach of the agreement. The person(s) responsible for any breach in the agreement are liable for all damages. By acceptance of the agreement, you agree to notify Acropheus of any unauthorized use of your or any user account belonging to Acropheus. You can contact us at support@acropheus.com. Acropheus is not obliged to respond to you directly or revoke access of our services to the user(s). If you are contacted by Acropheus to do actions required for provision of services according to the agreement (including but not limited to, stopping usage of our services), you agree and accept responsibility to do so immediately.

You can change your user account data if the applicable interface or access has been given to you by Acropheus and/or Acropheus' Subsidiaries. By acceptance of the agreement, you agree that Acropheus reserves the right to grant or prevent you from changing/modifying some of your user data (including, but not limited to, your username or phone number).

You must be a minimum at of 13 (unless specified otherwise for specific services) to register a user account.

Acropheus values privacy highly. See our privacy policy (available at https://www.acopheus.com/legal/privacy.html) to see how we use and protect your user account information. By acceptance of the agreement, you agree to our usage of your user account data in accordance with our privacy policy.

3. Usage of our services

Usage of our service(s) must comply with the rules set below. Failure to comply with these rules or usage outside the parameters defined by these rules constitutes a breach of the agreement. If you find that usage of our services does not comply with our terms and conditions, you agree and accept responsibility to report the user(s) by contacting us at support@acropheus.com. Acropheus is not obliged to respond to you directly or revoke access of our services to the user(s). If you are contacted by Acropheus to do actions required for provision of services according to the agreement (including but not limited to, stopping usage of our services), you agree and accept responsibility to do so immediately.

Acropheus may, at its sole discretion and without any notice or warning, modify your access to our services (including, but not limited to, revoking of access to our services). Acropheus reserves the right to modify any of our services at our sole discretion. These changes will be effective immediately. Acropheus will notify you of any modifications/changes as soon as possible. It is your responsibility to keep up to date with our usage rules. Continued use of our services is regarded as acceptance of the (modified) usage rules.

a) You may only use our services for personal and non-commercial uses and purposes only (unless specified otherwise). Acropheus and/or Acropheus’ Subsdiaries are only granting you a license for the aforementioned use only. You do not own any of our services.

b) You may not copy, sell, trade or sublicense any of our services or parts thereof;

c) You may not engage in activity that interferes with our services. This includes any modification, reverse engineering, copying, editing etc. of any of our services or parts thereof.

d) You may not use any automated tools to access our services. Unless permission has been granted by Acropheus and/or Acropheus Subsdiaries, you may not access our services through interfaces not provided by Acropheus and/or Acropheus’ Subsidiaries.

e) You may not use our services in any illegal/criminal way or a way that invades on the privacy of others.

Acropheus and/or Acropheus Subsidiaries strives to ensure that our services are accurate and complete. We, however, do not we do not warrant its completeness or accuracy; nor do we commit to ensuring that our services remain available or that the material on our services is kept up to date. You use our services “AS IS” and at your own risk.

4. User Content

You retain copyright of any content that you own. Acropheus does not claim ownership of your user content. As such, it is your responsibility for its protection. Acropheus is not obliged to protect or enforce your content. Acropheus is not obliged to backup any of your user content.

Submission of any user content must not be offensive or objectionable, invasive to others’ privacy, illegal, fraudulent, pornographic, contain viruses or harmful software or partake in any actions deemed unauthorized (including but not limited to, unauthorized soliciting or promoting business or customizing or presenting commercial activities or unlawful activity). The content must be owned by yourself. Failure to comply represents a breach in the agreement.

You may find that some content is offensive and/or objectionable. By using our services, you acknowledge and accept that this is at your own risk. If you find that user content on our services does not comply with our terms and conditions, you agree and accept responsibility to report the user content by either flagging the content (if the applicable user interface is available) or contacting us at support@acropheus.com. Acropheus is not obliged to respond to you directly or remove any user content. If you are contacted by Acropheus to do actions required for provision of services according to the agreement (including but not limited to, removing user content), you agree and accept responsibility to do so immediately.

By generating user content (including, but not limited to, videos, images, audio, comments, likes, dislikes or links) through actions on our services (including, but not limited to, uploading, creating, posting or liking), you grant Acropheus and/or Acropheus Subsidiaries a worldwide, royalty-free, perpetual, irrevocable licence to use your user content in any manner necessary to provide our services. Acropheus reserves the right to, at our sole discretion, perform any necessary actions on your content (including, but not limited to, monitoring, flagging, reviewing, modifying, copying, sampling, transferring, merging, processing or removal of user content) in order to provide our services efficiently.

User content represents the views and opinions of the user posting, creating or generating that content. As such Acropheus and/or Acropheus Subsidiaries is not liable for, including but not limited to, losses, damages, costs or infringements of any third-party rights that may occur or be incurred. You agree to indemnify and defend us against any claims arising from your user content. You agree to indemnify and defend any claims arising from your usage of our services that is in breach of the agreement.

5. Intellectual property and Trademark

You acknowledge and agree that all services and content/material, in accordance with section 4, provided/generated by Acropheus and/or Acropheus Subsidiaries, including but not limited to, images, videos, audio, user interface, software and text are owned by Acropheus and/or Acropheus Subsidiaries and/or its licensors. As such, it is proprietary material. All intellectual property rights are reserved. Unless written consent is given, you may not republish, sell, rent or sub-license, reproduce, duplicate, copy, remove, obscure, conceal, modify or redistribute any of our intellectual or trademark property.

Unless an overriding agreement is specified by Acropheus and/or Acropheus’ Subsidiaries, you are not entitled to any use of our trademarks including but not limited to our logos, domain names, trade names, service marks or any distinctive brand features.

6. Cookies and similar technology

Cookies and related technology allow us to provide our services efficiently. Such technology allows us to optimize our services for our users. As such, by accepting our terms and conditions, you are agreeing to our use of such technology.

7. Iframes and similar technology

Unless written consent is given, you may not create Iframes or use any similar technology around any of our services. This represents a modification of our intellectual property (see section 5) and, as such, represents a breach of the agreement.

8. Changes of the terms and conditions.

Acropheus reserves the right to, at its sole discretion and without any notice or warning, modify/change the agreement. Continued use of our services is regarded as acceptance of the modified agreement. You agree and accept full responsibility to regularly check the agreement.

Acropheus will give you a 15-day notice of any modifications through the appropriate interface (including but not limited to, email, short message service(sms), phone calls or through any other interface provided by Acropheus). Do to possible technical difficulties, we do not warrant this notice within the specified time period. It is your responsibility to keep up to date with the agreement. Continued use of our services is regarded as acceptance of the (modified) agreement.

9. Addiional notes on acceptance of the agreement

Do not accept the agreement if you do not understand or you are unclear of these terms and conditions (due to, but not limited to, language barrier or education level). Contact Acropheus at support@acropheus.com for any assistance. Acropheus is not obliged to respond to you directly or indirectly. Do not accept the agreement if you are not in a mental state to give informed consent (including but not limited to, if you are intoxicated or you are underage in accordance with section 2 or in a coma).

10. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our services and the use of our services (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;

limit or exclude our or your liability for fraud or fraudulent misrepresentation;

limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer orin relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable for any loss or damage of any nature.

-- Unless stated otherwise, “You” or “your” refers to you, the individual accepting the terms and conditions in accordance with section 1 below.” We”, “our”, “us”, “its”and ”company” refers to Acropheus and/or Acropheus’ Subsidiaries. “Party”,” Parties” or “Us” refers to both you and us, or either you or Acropheus and/or Acropheus’ Subsidiaires. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same. --