VEWD TERMS OF SERVICE

Last Updated: November 6, 2018

The Vewd service (collectively, the “Service”) is designed to offer a “lean-back” web experience. Content from the Internet is presented through web-based applications optimized for your connected device. This allows you to discover and access third-party content without complex typing or searching interactions. The Service is provided by Vewd Software AS (“Vewd”), with an address at Fridtjof Nansens plass 5, 7th Floor, NO-0160 Oslo, Norway, subject to these Terms of Service (“Terms”).

• This is a Contract. Please read these Terms carefully. They constitute a contract between you and Vewd. You may not use the Service if you do not accept these Terms. By using the Service you accept these Terms.

• The Content is not provided by Vewd. The Service provides you with a unique way to access Content on the Internet. The Content accessed through the Service is offered by independent, third-party providers (“Content Providers”). As is generally the case with content accessed on the Internet, if you decide to access the Content you do so at your own risk. The Content is not investigated, monitored, or checked for accuracy, reliability, appropriateness, or completeness by Vewd. By permitting you to access the Content via the Service, Vewd does not imply approval or endorsement of such Content. Vewd does not investigate, monitor, or check the privacy practices or policies of the third-parties offering the Content. You agree that Vewd is not responsible or liable for the Content.

• Content Providers may have their own terms. These Terms govern Vewd’s provision of the Service to you. Content Providers may have their own terms governing your use of their Content. You should review any such additional terms as you must comply with any terms imposed by the providers of the Content that you choose to access through the Service.

• You must obey the law and respect the rights of others. You must not use the Service to violate or infringe the rights of any other person, including the rights of other users, Vewd’s rights in the Service or Content Providers’ rights in their Content. You must not breach any laws or regulations when using the Service or attempt to disrupt or interfere with the security or functionality of the Service or the Content.

• If you purchase Content, you purchase it from the Content Provider. The Service offered by Vewd is provided to you free of charge. Certain Content Providers, however, may charge a fee for access to their Content. If you choose to purchase Content, you are purchasing such Content from the Content Provider and not from Vewd. You agree that Vewd is not responsible or liable for any transactions in which you engage with Content Providers. In order to facilitate your purchases from Content Providers, Vewd has in some instances integrated its Service with the PayPal billing solution. By engaging in a purchase transaction using your PayPal account, you authorize the Content Provider (or Vewd on its behalf) to bill your PayPal account for the purchase amount.

• Your privacy is important to us. Vewd takes the matters of protection and security of its users’ information very seriously. Vewd will treat any and all such information it collects in accordance with its privacy statement, which is currently posted https://www.vewd.com/contract/vewd-privacy-policy/ (“Privacy Statement”). The Privacy Statement is incorporated into these Terms by this reference. You agree to the use of your data in accordance with Vewd’s Privacy Statement. The Privacy Statement addresses only the information collected by Vewd in providing the Service to you. Content Providers have their own information gathering practices which will apply when you choose to access their Content. You should review any such privacy and data gathering practices of the third-party Content Providers of the Content that you choose to access through the Service.

• Vewd may modify these Terms. These Terms, including the Privacy Statement, may be modified by Vewd without notice at any time in the future. Changes to the Terms will be posted at https://www.vewd.com/contract/vewd-terms-of-service/. Changes to the Privacy Statement will be posted at https://www.vewd.com/contract/vewd-privacy-policy/ . It is your responsibility to remain informed of any changes as you are bound by the latest version of these Terms and the Privacy Statement.

• Vewd may discontinue access to the Service. Vewd may in its sole discretion and at any time modify or discontinue providing the Service, or any part of the Service, with or without notice. Vewd may in its sole discretion terminate or suspend your access to the Service with or without notice. You agree that Vewd will not be responsible or liable to you or any third party for modifying or discontinuing the Service, or for terminating or suspending your access to the Service.

• The Service is provided without any warranties or guarantees. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Vewd AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Vewd DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Vewd DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE MATERIALS MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE (INCLUDING CONTENT) WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

• Vewd is not liable for any damages you may incur as a result of using the Services. IN NO EVENT SHALL Vewd OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF Vewd OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• The Service is provided by a Norwegian company and this contract is based on Norwegian law. This Agreement will be governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in the Oslo City Court, and each party hereby agrees to irrevocably submit to the exclusive jurisdiction and venue of any such court in all such actions or proceedings. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby.

• Notice to rights holders. If you believe that Content accessible via the Service infringes your rights, you may submit a notification to Vewd in which you provide the following information: (a) identification of the rights/works that are being infringed upon; (b) identification of the Content that is infringing your rights (including URL(s) for the Content); (c) your name, address, telephone number, and electronic mail address; (d) a statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the rights holder, its agent, or the law; (e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (f) your physical or electronic signature, or that of a person authorized to act on your behalf, of the owner of an exclusive right that is allegedly infringed. Notices may be sent to legal@vewd.com, attention: Legal Department.