Terms of Services
LeShopz Fashion Street Stockholm AB, company registration no. 556973-6779 (the “Company”) provides an internet search and bookmarking service (the “Services”). The Services are subject to these Terms of Services. It is important that you read and understand the Terms of Services. By using the Services you agree that you will be bound by these Terms of Services. You must be at least 18 years of age to agree to and enter into this Agreement.
In these Terms of Services the following terms shall have the meaning given below:
|Agreement||Means the agreement between you and the Company incorporating these Terms of Services.|
|Content||Means any content which is uploaded by the User, including but not limited to pictures, texts and videos.|
|Intellectual Property Rights||Means any intellectual property right, including but not limited to patent, copyright, trademark, design or trade secret, whether present or future, registered or unregistered, registrable or not, and all applications for registration of the same, anywhere in the world.|
|Services||Means all of or parts of the search and bookmarking service, including to build user generated link collection, uploading of images, discovery, submitting data concerning image content, posting comments and communication between users, as well as other services which the Company may offer its customers from time to time.|
|User||Means the customer that uses the Services.|
|User Account||Means the account which is created by the User in order to utilize the Services.|
|Website||Means the website www.leshopz.com, hosted by the Company.|
The Company offers an opportunity for Users to utilize the Services. As part of the Services the User can search content, build User generated link collection, uploading of images, content discovery, submitting data concerning image content, posting comments and communicate with other Users.
The form and nature of these Services might be extended or reduced from time to time. Information regarding the form and nature of the Services will be updated regularly on the Company´s website. If the User does not accept the modification or amendment, the User may terminate the Agreement with thirty (30) days of written notice.
4 User accounts
By creating a User Account you are certifying that the information you leave about yourself is true and correct.
User further acknowledges and agrees that the Services are designed and intended for personal use on an individual basis and you should not share your User Account details and/or password details with someone else.
User further acknowledges and agrees that the Services are designed and intended only for private use.
User is solely responsible for maintaining the confidentiality and security of the User Account, and agrees to immediately notify the Company of any security breach of your User Account.
In case the Company suspects that someone unauthorized has obtained or may obtain access to a User Account password, the Company may disable access to such User Account. The Company may also disable access to and/or terminate a User Account when the Company suspects that the User has violated any provision of the Terms of Services or other Company guidelines, including, but not limited to, the circumvention of technological measures, tampering with the Services, or the deliberate destruction of Users’ data.
5 Fees and payment
The Services offered by the Company allow the User to search through the Website and purchase products and services from other companies. However, offers presented by such third parties on linked websites are not offers from the Company. The terms between the User and the Company govern the use of the Services and do not constitute any terms and conditions in relation to offers on linked websites. Contracts for the purchase of the products or services offered by the third party are entirely between the User and the third party. This means that it is the third party (not the Company) who is legally responsible for selling the products or services to the User.
If the User purchases any digital content that the Company offers for a fee, either on a one-time or subscription basis (“Additional Services”), the User shall pay fees for use of the Additional Services as described. User shall pay fees by using Paypal or other methods of payment as may be supported by the Company. The Company may increase or add fees and charges for any existing Additional Services by giving the User at least thirty (30) days prior notice. In the event of late payment, interest in accordance with the Swedish Interest Act (Sw. Räntelagen (1975:635)) shall be added to the amount due until paid in full.
6 Confirmation of order
After you have placed the order of the Additional Services and paid as stated above, a confirmation will be sent to you via the email address provided by you and/or through your account. The confirmation contains information of the Additional Services that you have purchased and information about the exemption from the right of withdrawal, as stated in Section 7. The Company will ask you to check that these details are correct. Otherwise please contact the Company´s customer service.
7 Exemption from the right of withdrawal
You, as a consumer, agree that any Additional Services that you purchase from the Company will be delivered by other means than on physical media and that no right of withdrawal will apply to such purchase.
8 consumer rights
As a consumer, when buying goods and services on the Internet you have rights under the Swedish Distance and Doorstep Sales Act (Sw. Lag om distansavtal och avtal utanför affärslokaler (2005:59)), and the Swedish E-Commerce Act (Sw. E-handelslagen (2002:562)). The Company follows the recommendations of the National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden, (ARN)). You will find more information about your consumer rights at the Consumer Agency's (Sw. Konsumentverket) website www.konsumentverket.se.
9 FUNCTIONING of the services
The Company is in no event liable for improper functioning with regards to the Services. The User is not entitled to any compensation or sanction if such improper functioning occurs. However, the Company does strive to keep the Services as error-free as possible.
If the User discovers default or disorder in relation to the Services, the User is required to notify the Company without delay.
10 The use of the Services and the User's liability
User agrees to use the Services only for purposes as permitted by these Terms of Services, Company guidelines applicable from time to time, instructions given from time to time by the Company and applicable law or regulation. The User may not use the Services in a way that causes the Company or a third party harm. If a User becomes aware of the Services being used by a third party in violation of these provisions, the User shall immediately inform the Company of the violation.
The Company does not claim any ownership rights in your Content. You are solely responsible for all Content communicated, transmitted or uploaded through the Services and the User Account, including for example texts, pictures, sounds, data, video and links and may request its deletion at any time, unless you have shared the Content with other users on the Website and they have not deleted it, or it was copied or stored by other users of the Website. As a User of the Services you are responsible that you own the rights to the Content and that you have the rights necessary to comply with these Terms of Services. However, you grant the Company a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, possible to sublicense, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any Content, protected by copyright, that you provide, directly or indirectly, to the Company, without any further consent, notice and/or compensation to you or to any third parties. The license gives the Company the right to grant other users and/or visitors of the Website, access and share rights to your Content in accordance with this Agreement
User specifically agrees not to upload, communicate or publish Content that infringes or violates someone else’s right (Intellectual Property Rights), that may violate the integrity of, intimidate or offend another person, that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example instigation (Sw. uppvigling), discrimination, racial agitation (Sw. hets mot folkgrupp), child pornography, illegal depiction of violence (Sw. olaga våldsskildring) and defamation (Sw. förtal).
User must further not upload or transmit any form of virus, worm, Trojan horse, or other malicious code.
User shall indemnify and hold the Company harmless from any direct or indirect damages, losses or inconveniences arising out of Users’ use of the Services including claim made by any third party. This means that if a User or someone acting on the User's behalf should cause the Company or a third party damage, User shall indemnify and hold the Company harmless from any such claim.
The Company reserves the right to, without prior notice and without compensation, remove any material that the Company finds obscene, contains inappropriate material and/or in any other way should violate the Terms of Services, Swedish law and/or infringes or violates someone else's Intellectual Property Rights. The Company reserves the right to immediately terminate the User Account or the Services in accordance with the provisions above, without liability for any damages in relation to the User.
11 The liabilities of the Company
The Company is not responsible for Content or any linked content. The Company will not take any responsibility for any damages, claims, expenses or losses arising from the Content or any linked content breaching law or regulation.
User is aware of the fact and accepts that system down time, system disruption and system disorders in relation to the Services, data systems or data networks might occur from time to time. The User is further aware of that the quality of the Services is affected by the quality of networks, Internet suppliers and third party's server and data performances. The Company does not warrant or guarantee certain accessibility in regards to the Services.
User is in no event entitled to compensation due to defaults or improper functioning of the Services.
The Company´s aggregate liability with respect to the Services shall be limited to direct damage of property. The Company is not liable for any indirect losses or indirect damage such as loss of profit, loss of savings, loss of potential agreements and loss of data. The Company is in no event liable for the User's or someone else's loss or damage, unless when such loss or damage is caused willfully or by gross negligence of the Company.
12 Force majeure
The Company is in no event liable for damage, loss or inconveniences due to circumstances beyond the Company´s reasonable control. This includes but is not limited to fire, explosion, war, flooding, default or deficiency in telecommunication and data communication, weather conditions, the quality of the networks, operations by Internet service providers, third party's servers, data performance, labor disputes or regulatory actions.
13 Personal Data
It is of utmost importance for the Company to protect its Users' integrity. However, the User bears the sole responsibility and takes on all the risk associated with using the Services.
The Company will handle the User’s personal data in accordance with the Swedish Personal Data Act (1998:204). The primary purpose of the Company’s use of the User’s personal data is to open User Accounts, to process User’s upload of Content for backup purposes and to fulfil the Company’s obligations towards the User as a customer, when the User has purchased Additional services in accordance with Section 5. The User’s personal data may also be used by the Company to provide the User with relevant information and offers from the Company. This means that the Company will use the User’s personal data for marketing purposes.
The User’s personal data will only be used by the Company. The Company will not, without the User’s prior approval, share the User's personal data, provided this is not required by law or if the Company deems it necessary to protect and defend rights or property belonging to the Company. The User decides whether to share his/her personal data with others.
To better understand, protect and meet the demands and expectations of its Users, the Company automatically collects data from time to time relating to the traffic from the computing devices where data is stored to the Company’s servers. This information is collected for the Company’s internal research in order to optimize quality of its Services. The data collected may include indications on time to restore a file, a User's amount of time online, notifications on errors occurring in the Company´s software, notifications on attempts to tamper with the Services. Personal data might be processed in the Company's internal market analysis, business development and for statistics.
By accepting these Terms of Services you agree to the Company´s treatment of your personal data as described above.
The User has the right to once annually, upon written request, obtain from the Company, free of charge, information about which of his or her personal data the Company has on record, how the data is being used and wherefrom it was obtained. In addition, the User has the right to request correction of erroneous personal data as well as to revoke his or her consent at any time.
There are two different types of cookies. The first type is more durable and saves a text file for a period of time on the visitor’s means for communication. This type of cookie has a definite expiration date and is used for functions which, for example, inform the visitor what is new since the visitor last visited the website. When the expiration date for the cookie in question has passed it is automatically erased from the visitor’s means for communication as soon as the visitor revisits the website that placed the cookie on the visitor’s means for communication. The second type of cookie is more temporary (session cookies) and is stored on the visitor’s means for communication during the time a visitor visits a website. This kind of cookie is used for example to keep track on what language a visitor has chosen for the website and will disappear as soon as the visitor closes the web-browser.
You are not permitted to assign or otherwise transfer your rights and obligations under these Terms of Services. The Company may assign its rights and obligations under this Agreement, in whole or in part, to any third party.
16 Termination, notice [and inactivation of User Account]
The Agreement regarding the use of the Services is entered into for an unlimited period of time. Either party may request termination in writing with at least a thirty (30) days’ prior written notice to the other party.
The Company may immediately terminate the User's User Account and terminate this Agreement if the User has breached any provision of the Terms of Services. The Company is entitled to deny a certain User access to the Services and also deny the opening of User Accounts.
17 change of terms
The Company may modify and amend these Terms of Services. Such amendments shall enter into effect thirty (30) days from the date which the Company has provided notice of the changes to the User. If the User finds that the proposed modifications or amendments encompass a limitation of the User’s rights in a way that the User cannot accept, the User is entitled to terminate the Agreement with thirty (30) days of written notice. The User is required to stay updated in regards to the current Terms of Services.
18 Dispute and applicable law
These Terms of Services shall be governed by Swedish law without regard to its conflict of law provisions.
Any dispute, controversy or claim arising out of or in connection with these General Terms of Services, or the breach, termination or invalidity thereof shall at first instance be settled by the District Court of Stockholm.