TERMS AND CONDITIONS
TERMS AND CONDITIONS
TERMS AND CONDITIONS
Last updated: 22nd of December, 2023 Lobos Group, UAB, Plies str. 18, LT-001123 Vilnius, Lithuania (“we”, “us”, “our”) provides a social content service that helps brands collect, curate and display user-generated content, images, and videos from social media (the “Services”). We enable that user‐generated content into your most valuable brand asset and help to display that across websites, in‐stores, offices, events, marketing channels, and in an e‐commerce environment.
General
For the purpose of these Terms and Conditions, the terms “you” and/or “your” refer to the entity entering into the business relationship with us and/or accessing or using the Services. By accessing or using the Services, you accept and agree to be bound by these Terms and Conditions. Your use of the Services is governed by these Terms and Conditions and the laws of the Republic of Lithuania, without regard to its choice or conflict of law provisions. If you do not accept these Terms and Conditions, you may not access or use the Services.
Intellectual Property Rights
All content of the Services or websites provided by us, such as text, graphics, designs, logos, etc, and all software, object code and source code is owned or licensed by us. You may not access, print or download portions of the material from the Services unless you have received our prior written consent. The content of the Services may not be altered, distributed or displayed without our prior written consent. Nothing contained herein will be interpreted as a transfer of any of our rights whatsoever and all rights not expressly granted herein are reserved by us. Our trademarks, trade names, and other symbols included or referenced in the Services (collectively the “Marks”) are protected by national and international intellectual property laws. All use of the Marks is strictly prohibited without our prior written consent. Unless otherwise expressly agreed, you hereby grant us a limited, non‐exclusive license to use your trademarks, trade names, and logos for the sole purpose of listing customers and suppliers in marketing materials, presentations, press material, financial reports, and website listings. The Services are licensed, not sold, to you. During the Subscription Period, you are granted a personal, non‐exclusive, non‐transferable and non-sublicensable right to use the Services. We retain ownership of all parts of the Services, even if software or a portion thereof would be installed on your computer or other hardware device. We have the unlimited right to assign and/or transfer this license or any part thereof to any third party. You may not assign, transfer or sublicense this license, your rights under these Terms and Conditions or any part thereof to any third party. Any third-party software (if any) included in the Services is licensed to you in accordance with the respective third‐party license terms for such software. If any such third‐party license terms are applicable to your use of the Services, we will notify you of the application of such third‐party license terms. Unless otherwise is expressly agreed, you hereby grant us a limited, non‐exclusive license to use your trademarks, trade names and logos for the sole purpose of listing customers and suppliers in marketing materials, presentations, press material, financial reports and website listings.
Personal Data
By accessing or using the Services, you agree to our processing of personal data in accordance with our Privacy Policy. Furthermore, you represent and warrant that any inpidual authorized to use the Services, on your behalf have read our Privacy Policy and provided any and all necessary consents for our processing of personal data in accordance with our Privacy Policy.
Non‐Warranty and Limitation of Liability
We endeavour to keep the Services available at all times. However, we neither represent nor warrant that the Services will be continuous, uninterrupted or error‐free or that any defects will be corrected. The Services are provided on an “as‐is” and “as available” basis, without any express or implied warranties whatsoever, including, but not limited to, implied warranties of non‐ infringement, merchant-ability and fitness for a particular purpose. Please note that the use of the Service requires that you use the latest versions of the internet browsers Microsoft edge, Firefox, Chrome or Safari. You acknowledge and agree that you use the Services at your own risk and that we are not responsible or liable for any agreement or transaction between you and third parties. You acknowledge and agree that the Services incorporate functionality delivered by third party API providers, such as collection, reproduction of information and content from various websites, social media accounts and other sources. Functionality provided by third party API and third party API providers is subject to the terms and conditions applicable to such third party API. We expressly disclaim any liability for any damages, interruptions, errors or malfunctions caused due to third party API and third party API providers (including changes to third party API or the terms and conditions applicable for such third party API), and reserve the right to suspend access to functionality in the Services (or parts thereof) enabled by third party API providers or third party API, without prior notice. You acknowledge and agree that we will not be liable to refund any amount paid due to damages, interruptions, errors or malfunctions caused by third party API providers or third party API.
Save for our fraud, wilful misconduct or gross negligence, including our officers’, directors’, employees’, consultants’, agents’, suppliers’ and licensors’, total maximum liability for damages from any cause whatsoever, and regardless of the form of action or the cause of action, whether in contract or tort, will not exceed the Subscription Fee actually received by us for your use of the Services during the three (3) months preceding the time the cause of action arose. In no event shall our, our affiliates, officers, directors, employees, consultants, agents, suppliers and licensors, be liable for any special, indirect, incidental, punitive or consequential damages, regardless of the form of action therefore, whether in contract or in tort, including negligence, including, without limitation, damages or loss to equipment, loss or damages of data, loss of revenue, loss of profits, loss of goodwill, increased expenses of operation, cost of capital, or the claims of third parties including your customers, however caused, regardless of whether such party has been informed of the possibility of such damages.
Miscellaneous
Both parties shall be relieved from any and all liabilities by reason of any circumstances beyond its immediate control, which impedes, delays or aggravates any obligations to be fulfilled by it under these Terms and Conditions, such as changes in laws and regulation or in the interpretation thereof, acts of authorities, third party service providers, electrical, internet or telecommunication outages, war, acts of war, labour disputes, strikes, major accidents and currency restrictions. We reserve the right to amend or change these Terms and Conditions at any time. In case of material amendments or changes to these Terms and Conditions, we will provide a notification to the email provided by you within thirty (30) days before such changes enter into force. If you do not accept the amended or changed Terms and Conditions, you may not access, use or continue to use the Services. By continuing to access and/or use the Service, you are expressing and acknowledging your acceptance of the amendments and changes. We advise you to periodically review the Terms and Conditions in order to be informed of any changes. Please note that we do not undertake to keep copies of prior versions of these Terms and Conditions. Therefore, we suggest that you print these Terms and Conditions. We reserve the right to update, amend, change and/or modify the content of the Services, without prior notification and will not be liable to any party in any way for possible consequences of such changes. We may suspend, discontinue or restrict access to any portion of the Services at any time and without notice. Unless otherwise is expressly agreed in writing, these Terms and Conditions contain the entire understanding between you and us with respect to the subject matter contained herein and supersede and cancel all prior agreements, negotiations, correspondence, undertakings and communications between you and us, oral or written, respecting such subject matter. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Vilnius Court of Commercial Arbitration. The seat of arbitration shall be Vilnius, Lithuania, and the language to be used in the arbitral proceedings shall be English.
Last updated: 22nd of December, 2023 Lobos Group, UAB, Plies str. 18, LT-001123 Vilnius, Lithuania (“we”, “us”, “our”) provides a social content service that helps brands collect, curate and display user-generated content, images, and videos from social media (the “Services”). We enable that user‐generated content into your most valuable brand asset and help to display that across websites, in‐stores, offices, events, marketing channels, and in an e‐commerce environment.
General
For the purpose of these Terms and Conditions, the terms “you” and/or “your” refer to the entity entering into the business relationship with us and/or accessing or using the Services. By accessing or using the Services, you accept and agree to be bound by these Terms and Conditions. Your use of the Services is governed by these Terms and Conditions and the laws of the Republic of Lithuania, without regard to its choice or conflict of law provisions. If you do not accept these Terms and Conditions, you may not access or use the Services.
Intellectual Property Rights
All content of the Services or websites provided by us, such as text, graphics, designs, logos, etc, and all software, object code and source code is owned or licensed by us. You may not access, print or download portions of the material from the Services unless you have received our prior written consent. The content of the Services may not be altered, distributed or displayed without our prior written consent. Nothing contained herein will be interpreted as a transfer of any of our rights whatsoever and all rights not expressly granted herein are reserved by us. Our trademarks, trade names, and other symbols included or referenced in the Services (collectively the “Marks”) are protected by national and international intellectual property laws. All use of the Marks is strictly prohibited without our prior written consent. Unless otherwise expressly agreed, you hereby grant us a limited, non‐exclusive license to use your trademarks, trade names, and logos for the sole purpose of listing customers and suppliers in marketing materials, presentations, press material, financial reports, and website listings. The Services are licensed, not sold, to you. During the Subscription Period, you are granted a personal, non‐exclusive, non‐transferable and non-sublicensable right to use the Services. We retain ownership of all parts of the Services, even if software or a portion thereof would be installed on your computer or other hardware device. We have the unlimited right to assign and/or transfer this license or any part thereof to any third party. You may not assign, transfer or sublicense this license, your rights under these Terms and Conditions or any part thereof to any third party. Any third-party software (if any) included in the Services is licensed to you in accordance with the respective third‐party license terms for such software. If any such third‐party license terms are applicable to your use of the Services, we will notify you of the application of such third‐party license terms. Unless otherwise is expressly agreed, you hereby grant us a limited, non‐exclusive license to use your trademarks, trade names and logos for the sole purpose of listing customers and suppliers in marketing materials, presentations, press material, financial reports and website listings.
Personal Data
By accessing or using the Services, you agree to our processing of personal data in accordance with our Privacy Policy. Furthermore, you represent and warrant that any inpidual authorized to use the Services, on your behalf have read our Privacy Policy and provided any and all necessary consents for our processing of personal data in accordance with our Privacy Policy.
Non‐Warranty and Limitation of Liability
We endeavour to keep the Services available at all times. However, we neither represent nor warrant that the Services will be continuous, uninterrupted or error‐free or that any defects will be corrected. The Services are provided on an “as‐is” and “as available” basis, without any express or implied warranties whatsoever, including, but not limited to, implied warranties of non‐ infringement, merchant-ability and fitness for a particular purpose. Please note that the use of the Service requires that you use the latest versions of the internet browsers Microsoft edge, Firefox, Chrome or Safari. You acknowledge and agree that you use the Services at your own risk and that we are not responsible or liable for any agreement or transaction between you and third parties. You acknowledge and agree that the Services incorporate functionality delivered by third party API providers, such as collection, reproduction of information and content from various websites, social media accounts and other sources. Functionality provided by third party API and third party API providers is subject to the terms and conditions applicable to such third party API. We expressly disclaim any liability for any damages, interruptions, errors or malfunctions caused due to third party API and third party API providers (including changes to third party API or the terms and conditions applicable for such third party API), and reserve the right to suspend access to functionality in the Services (or parts thereof) enabled by third party API providers or third party API, without prior notice. You acknowledge and agree that we will not be liable to refund any amount paid due to damages, interruptions, errors or malfunctions caused by third party API providers or third party API.
Save for our fraud, wilful misconduct or gross negligence, including our officers’, directors’, employees’, consultants’, agents’, suppliers’ and licensors’, total maximum liability for damages from any cause whatsoever, and regardless of the form of action or the cause of action, whether in contract or tort, will not exceed the Subscription Fee actually received by us for your use of the Services during the three (3) months preceding the time the cause of action arose. In no event shall our, our affiliates, officers, directors, employees, consultants, agents, suppliers and licensors, be liable for any special, indirect, incidental, punitive or consequential damages, regardless of the form of action therefore, whether in contract or in tort, including negligence, including, without limitation, damages or loss to equipment, loss or damages of data, loss of revenue, loss of profits, loss of goodwill, increased expenses of operation, cost of capital, or the claims of third parties including your customers, however caused, regardless of whether such party has been informed of the possibility of such damages.
Miscellaneous
Both parties shall be relieved from any and all liabilities by reason of any circumstances beyond its immediate control, which impedes, delays or aggravates any obligations to be fulfilled by it under these Terms and Conditions, such as changes in laws and regulation or in the interpretation thereof, acts of authorities, third party service providers, electrical, internet or telecommunication outages, war, acts of war, labour disputes, strikes, major accidents and currency restrictions. We reserve the right to amend or change these Terms and Conditions at any time. In case of material amendments or changes to these Terms and Conditions, we will provide a notification to the email provided by you within thirty (30) days before such changes enter into force. If you do not accept the amended or changed Terms and Conditions, you may not access, use or continue to use the Services. By continuing to access and/or use the Service, you are expressing and acknowledging your acceptance of the amendments and changes. We advise you to periodically review the Terms and Conditions in order to be informed of any changes. Please note that we do not undertake to keep copies of prior versions of these Terms and Conditions. Therefore, we suggest that you print these Terms and Conditions. We reserve the right to update, amend, change and/or modify the content of the Services, without prior notification and will not be liable to any party in any way for possible consequences of such changes. We may suspend, discontinue or restrict access to any portion of the Services at any time and without notice. Unless otherwise is expressly agreed in writing, these Terms and Conditions contain the entire understanding between you and us with respect to the subject matter contained herein and supersede and cancel all prior agreements, negotiations, correspondence, undertakings and communications between you and us, oral or written, respecting such subject matter. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Vilnius Court of Commercial Arbitration. The seat of arbitration shall be Vilnius, Lithuania, and the language to be used in the arbitral proceedings shall be English.
Last updated: 22nd of December, 2023 Lobos Group, UAB, Plies str. 18, LT-001123 Vilnius, Lithuania (“we”, “us”, “our”) provides a social content service that helps brands collect, curate and display user-generated content, images, and videos from social media (the “Services”). We enable that user‐generated content into your most valuable brand asset and help to display that across websites, in‐stores, offices, events, marketing channels, and in an e‐commerce environment.
General
For the purpose of these Terms and Conditions, the terms “you” and/or “your” refer to the entity entering into the business relationship with us and/or accessing or using the Services. By accessing or using the Services, you accept and agree to be bound by these Terms and Conditions. Your use of the Services is governed by these Terms and Conditions and the laws of the Republic of Lithuania, without regard to its choice or conflict of law provisions. If you do not accept these Terms and Conditions, you may not access or use the Services.
Intellectual Property Rights
All content of the Services or websites provided by us, such as text, graphics, designs, logos, etc, and all software, object code and source code is owned or licensed by us. You may not access, print or download portions of the material from the Services unless you have received our prior written consent. The content of the Services may not be altered, distributed or displayed without our prior written consent. Nothing contained herein will be interpreted as a transfer of any of our rights whatsoever and all rights not expressly granted herein are reserved by us. Our trademarks, trade names, and other symbols included or referenced in the Services (collectively the “Marks”) are protected by national and international intellectual property laws. All use of the Marks is strictly prohibited without our prior written consent. Unless otherwise expressly agreed, you hereby grant us a limited, non‐exclusive license to use your trademarks, trade names, and logos for the sole purpose of listing customers and suppliers in marketing materials, presentations, press material, financial reports, and website listings. The Services are licensed, not sold, to you. During the Subscription Period, you are granted a personal, non‐exclusive, non‐transferable and non-sublicensable right to use the Services. We retain ownership of all parts of the Services, even if software or a portion thereof would be installed on your computer or other hardware device. We have the unlimited right to assign and/or transfer this license or any part thereof to any third party. You may not assign, transfer or sublicense this license, your rights under these Terms and Conditions or any part thereof to any third party. Any third-party software (if any) included in the Services is licensed to you in accordance with the respective third‐party license terms for such software. If any such third‐party license terms are applicable to your use of the Services, we will notify you of the application of such third‐party license terms. Unless otherwise is expressly agreed, you hereby grant us a limited, non‐exclusive license to use your trademarks, trade names and logos for the sole purpose of listing customers and suppliers in marketing materials, presentations, press material, financial reports and website listings.
Personal Data
By accessing or using the Services, you agree to our processing of personal data in accordance with our Privacy Policy. Furthermore, you represent and warrant that any inpidual authorized to use the Services, on your behalf have read our Privacy Policy and provided any and all necessary consents for our processing of personal data in accordance with our Privacy Policy.
Non‐Warranty and Limitation of Liability
We endeavour to keep the Services available at all times. However, we neither represent nor warrant that the Services will be continuous, uninterrupted or error‐free or that any defects will be corrected. The Services are provided on an “as‐is” and “as available” basis, without any express or implied warranties whatsoever, including, but not limited to, implied warranties of non‐ infringement, merchant-ability and fitness for a particular purpose. Please note that the use of the Service requires that you use the latest versions of the internet browsers Microsoft edge, Firefox, Chrome or Safari. You acknowledge and agree that you use the Services at your own risk and that we are not responsible or liable for any agreement or transaction between you and third parties. You acknowledge and agree that the Services incorporate functionality delivered by third party API providers, such as collection, reproduction of information and content from various websites, social media accounts and other sources. Functionality provided by third party API and third party API providers is subject to the terms and conditions applicable to such third party API. We expressly disclaim any liability for any damages, interruptions, errors or malfunctions caused due to third party API and third party API providers (including changes to third party API or the terms and conditions applicable for such third party API), and reserve the right to suspend access to functionality in the Services (or parts thereof) enabled by third party API providers or third party API, without prior notice. You acknowledge and agree that we will not be liable to refund any amount paid due to damages, interruptions, errors or malfunctions caused by third party API providers or third party API.
Save for our fraud, wilful misconduct or gross negligence, including our officers’, directors’, employees’, consultants’, agents’, suppliers’ and licensors’, total maximum liability for damages from any cause whatsoever, and regardless of the form of action or the cause of action, whether in contract or tort, will not exceed the Subscription Fee actually received by us for your use of the Services during the three (3) months preceding the time the cause of action arose. In no event shall our, our affiliates, officers, directors, employees, consultants, agents, suppliers and licensors, be liable for any special, indirect, incidental, punitive or consequential damages, regardless of the form of action therefore, whether in contract or in tort, including negligence, including, without limitation, damages or loss to equipment, loss or damages of data, loss of revenue, loss of profits, loss of goodwill, increased expenses of operation, cost of capital, or the claims of third parties including your customers, however caused, regardless of whether such party has been informed of the possibility of such damages.
Miscellaneous
Both parties shall be relieved from any and all liabilities by reason of any circumstances beyond its immediate control, which impedes, delays or aggravates any obligations to be fulfilled by it under these Terms and Conditions, such as changes in laws and regulation or in the interpretation thereof, acts of authorities, third party service providers, electrical, internet or telecommunication outages, war, acts of war, labour disputes, strikes, major accidents and currency restrictions. We reserve the right to amend or change these Terms and Conditions at any time. In case of material amendments or changes to these Terms and Conditions, we will provide a notification to the email provided by you within thirty (30) days before such changes enter into force. If you do not accept the amended or changed Terms and Conditions, you may not access, use or continue to use the Services. By continuing to access and/or use the Service, you are expressing and acknowledging your acceptance of the amendments and changes. We advise you to periodically review the Terms and Conditions in order to be informed of any changes. Please note that we do not undertake to keep copies of prior versions of these Terms and Conditions. Therefore, we suggest that you print these Terms and Conditions. We reserve the right to update, amend, change and/or modify the content of the Services, without prior notification and will not be liable to any party in any way for possible consequences of such changes. We may suspend, discontinue or restrict access to any portion of the Services at any time and without notice. Unless otherwise is expressly agreed in writing, these Terms and Conditions contain the entire understanding between you and us with respect to the subject matter contained herein and supersede and cancel all prior agreements, negotiations, correspondence, undertakings and communications between you and us, oral or written, respecting such subject matter. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Vilnius Court of Commercial Arbitration. The seat of arbitration shall be Vilnius, Lithuania, and the language to be used in the arbitral proceedings shall be English.
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