Terms of Service

These terms and conditions (this “Agreement”) shall apply to the use of the service Heja owned and provided by Sportion Media Group AB (“Sportion”), Swedish reg. no. 556745-5844, a company incorporated under the laws of Sweden and whose registered office is located at Stortorget 4, 702 11 Orebro, SWEDEN. You may only use Heja if you accept to comply with and be bound by this Agreement. Please read this Agreement carefully before you start using our services, as these will apply to your use of Heja.

You warrant that you have the legal capacity and are at the legal age, or have the legal consent (e.g. from your parents), to enter into an agreement that legally bind you to the obligations set forth in this Agreement. If you act on behalf of an organization, you warrant that you have the legal capacity to enter into this Agreement and to act on behalf of the organization.

Sportion reserves the right to, at any time and of any reason, amend this Agreement. You will be notified by all amendments, e.g. by the next login, your registered e-mail address, and the amended Agreement will also be published in Heja. All amended terms shall be effective thirty (30) days after they are initially posted in Heja.

1. DEFINITIONS

1.1

“Application” means, in this Agreement, the website Heja.io, Sportion’s mobile applications named Heja and the services provided through them.

1.2

“Information” means, in this Agreement, all images, logotypes, trademarks, videos, copyright protected information and all other information and data that you or anyone else upload and/or publish or in other ways make available for others at or via the Application.

2. INTELLECTUAL PROPERTY RIGHTS

2.1

All Information, software, equipment, data and other material developed or provided by Sportion or its suppliers or affiliates or otherwise used by Sportion to provide the Application, including all intellectual property rights in the same, shall remain the sole and exclusive property of Sportion or its suppliers. You agree to not, except for such actions permitted by this Agreement, sell, license, rent, sublicense, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, editor or create derivative works of the content of the Application or any other way make such content available for someone else without Sportion’s written consent.

2.2

When uploading Information, you are personally responsible for acquiring all necessary rights of use, operation, reproduction, representation, adaption, disclosing and publishing to the Information. You are not allowed to import or use Information that (i) infringes third party’s intellectual property rights, trade secrets or other rights of any other person or entity, (ii) are incorrect or misleading, (iii) constitutes unauthorized or unsolicited advertising or spamming, (iv) is unlawful, threatening, abusive, harassing, fraudulent, pornographic or otherwise can be interpreted as offensive, (v) imposes an unreasonable or disproportionately (in the sole judgment of Sportion) large load on Sportion’s computing, storage or communications infrastructure or attempts to gain unauthorized access to the Application or other accounts, or (vi) contains software viruses or other harmful components.

2.3

By publishing Information or in other ways make Information available for others at or via the Application you give Sportion an unlimited right to, free of any charge, manage and dispose the Information by, for example, process, store or copy the Information and make it available to the public.

2.4

Sportion has the right to, at any time and without prior notice, delete any and all Information or other content in case it infringes third party’s intellectual property rights, trade secrets or other rights of any other person or entity or results in violation of this Agreement. Sportion’s exercise of this right shall not entitle you to any remuneration.

3. REGISTRATION AND USER INFORMATION

3.1

When you register you warrant that you have the legal capacity and are at the legal age, or have the legal consent (e.g. from your parents), to enter into an agreement that legally bind you to the obligations set forth in this Agreement. If you register an organization, you also warrant that you have the right to register, represent and act on behalf of that organization.

3.2

When you register, you warrant that all information about you and/or the organization is up to date and correct.

3.3

Your login credentials to the Application is confidential and you are responsible to keep them confidential at all times by, for instance, never reveal them to anyone else.

3.4

You agree that you will be solely responsible for any and all access or use of the Application that occurs from your account and that Sportion is authorized to use the registered activity of your account as conclusive evidence that you have accessed and utilized the Application.

4. USE

4.1

The Application and all other services provided by Sportion shall be used with common sense, which means that you shall not spam, dishonor or be rude to other users.

4.2

The Application and all other services provided by Sportion shall be used for legal purposes only.

4.3

When you use the Application and all other services provided by Sportion you warrant and accept that you:

a) do not demean, patronize or in other ways violate any right of anyone else, including Sportion;

b) do not publish or in any other way make available offensive material or other material that is inappropriate, defamatory, infringing, obscene, pornographic, racist, indecent or unlawful;

c) do not, in any way, assist or contribute to spreading viruses or spam or anything else that might harm the Application or another user’s property;

d) are solely responsible for ensuring that you have the rights necessary to use, upload, publish and in other ways distribute the Information and that you accept that it is prohibited to upload, publish or in other ways distribute Information on the Application for which you do not have the rights necessary for your use of the Information;

e) are not allowed to download Information that you know, or reasonably should know, are not allowed to reproduce, make available, copy, distribute or in any other way use so that your use results in infringement of third party’s right.

5. YOUR ACCOUNT

5.1

As a registered user of the Application (a “Member”) you will have different functions and roles and in most cases connected to an organization/team (a “Group”).

a) As an admin Member (an “Admin”) you will, for instance, control a specific Group with more possibilities to add, edit and delete Information.

b) The account for a Member is for you who is not an admin, but is connected to a Group.

5.2

You accept that other Members will have the right to act within the competence of their specific roles/account types.

5.3

In case someone unauthorized will have the rights of an admin or in other ways control a specific Group which claim to represent a certain organization/team, Sportion will have the right to shut down the connectivity for the unauthorized Member and instead give it to someone authorized by the organization/team.

5.4

In order to improve and develop the Application, Sportion has the right to, at any time and without prior notice, change the rights linked to the different types of Members or an Admin.

6. PRIVACY

6.1

In order to register an account at the Application, Sportion may ask you for some personal information. Sportion collects the personal information in order to:

a) enable the Group to which you are connected, to create a list of members and use connected features.

b) enable technical developments, and enhance your experience of, the Application.

6.2

You have the right to access your personal data that Sportion process, once annually, free of charge. To use this right, you must send Sportion a signed letter to our registered address at Stortorget 4, 702 11 Örebro, Sweden. You are further entitled to demand that Sportion cease to treat some of your personal data. Please note that if Sportion receive such demand, you will no longer be able to access the Services. However, you are not entitled to demand that Sportion delete personal data that Sportion are under legal obligation to keep.

6.3

Sportion never manages your personal information, but merely assists the Admin with help in handling the information when requested.

6.4

FOR YOUR OWN SAFETY, WE RECOMMEND YOU TO NEVER PUBLISH YOUR SOCIAL SECURITY NUMBER, PASSPORT NUMBER, BANK ACCOUNT NUMBER, PASSWORD OR OTHER HIGHLY SENSITIVE IINFORMATION (“CONFIDENTIAL INFORMATION”) IN THE APPLICATION OTHERWISE THAN EXPLICITLY REQUESTED BY SPORTION. IN CASE OF FAILURE TO COMPLY TO THIS RECOMMENDATION, SPORTION IS NOT RESPONSIBLE FOR THE CONFIDENTIAL INFORMATION POSTED IN THE APPLICATION AND SHALL NOT BE LIABLE FOR DAMAGES DIRECTLY OR INDIRECTLY CAUSED BY ANY CONFIDENTIAL INFORMATION THAT IS PUBLISHED.

7. COOKIES

7.1

Sportion uses cookies in the Application in order to improve our services and create statistics of your and other Members use of the Application. “Cookies” are files that are saved by your web browser on your device (e.g. computer or tablet). These files consist of text and are named after the websites you have visited or applications you have used. You can choose to not receive cookies in your web browser. However, if you choose to not receive cookies, the feasibility and the features of the Application might be affected negatively.

8. LIMITATION OF LIABLILITY

8.1

SPORTION AND OUR AFFILIATES, ASSIGNEES, OFFICERS, EMPLOYEES, AGENTS OR OTHER APPLICATION USERS SHALL NOT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, PERSONAL INJURIES, DEATH, GOODWILL, DAMAGED GOODS, USE OR DATA) EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SPORTION AND OUR AFFILIATES, ASSIGNEES, OFFICERS, EMPLOYEES, AGENTS OR OTHER APPLICATION USERS SHALL NEITHER BE RESPONSIBLE OR LIABLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES CAUSED IN CONNECTION WITH (I) YOUR USE OR MISSUSE OF THE APPLICATION, (II) OTHER USER’S USE OR MISSUSE OF YOUR INFORMATION, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (IV) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR INFORMATION OR OTHER DATA. IN ANY CASE, SPORTION AND OUR AFFILIATES, ASSIGNEES, OFFICERS, EMPLOYEES, AGENTS OR OTHER APPLICATION USERS, AGGREGATE LIABILITY UNDER THIS AGREEMENT AND FOR YOUR USE OF THE APPLICATION SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY TO SPORTION FOR YOUR USE OF THE APPLICATION DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. NO WARRANTIES

9.1

THE APPLICATION, ALL ITS CONTENT AND ALL PRODUCTS AND SERVICES PROVIDED BY SPORTION, OUR AFFILIATES AND ASSIGNEES ARE PROVIDED, EXCEPT TO THE EXTENT PROHIBITED BY THE LAW, “AS IS”, “AS AVAILABLE” AND, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, YOUR EXPECTATIONS OF THE APPLICATION, THE INFORMATION´S ACCURACY, TRUENESS OR CORRECTNESS OR NON-INFRINGEMENTS. HENCE, SPORTION, OUR AFFILIATES AND ASSIGNEES DO NOT WARRANT THAT: (I) THE CONTENT OF THE APPLICATION IS ACCURATE, RELIABLE OR CORRECT; (II) THE APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULT OF USING THE APPLICATION WILL MEET YOUR REQUIREMENTS. THE USE OF THE APPLICATION IS SOLELY AT YOUR OWN RISK.

10. INDEMNIFICATION

10.1

YOU SHALL INDEMNIFY SPORTION AND OUR AFFILIATES, ASSIGNEES, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO ALL LIABILITY, LOSSES DAMAGES, COSTS, LOST PROFITS OR OTHER EXPENSES HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR BREACH OF THIS AGREEMENT, (II) YOUR GROSS NEGLIGENCE, (III) YOUR INFORMATION AND (IV) YOUR USE OR MISSUSE OF THE APPLICATION.

11. LIMITED ACCESS AND TERMINATION

11.1

If you act in conflict with this Agreement or other user instructions or if Sportion, in its sole discretion, believe that you might do so, Sportion has the right to limit, restrict or stop your access to the Application and/or your user account.

11.2

Sportion also reserves the right to limit, restrict or stop your access to the Application or remove your user account and delete your Information, without prior notice or liability, if the Information or your continued use of the Application risks harming Sportion’s trademark or reputation.

11.3

Sportion’s exercise of the rights mentioned above shall not entitle you to any remuneration.

12. DURATION AND TERMINATION

12.1

This Agreement is considered to be in effect from the day you accept it until you or Sportion terminate it. You can terminate this Agreement by deleting your registered account. When you delete your registered account you agree that Sportion will save and store your Information and that Sportion are allowed to use and exploit the same in any manner Sportion sees fit.

12.2

The Information will, when your registered profile is deleted, have no connection with you or your deleted profile and will be seen as material generated from Sportion.

13. ASSIGNMENT OF THE AGREEMENT

13.1

You may not in wholly or partly assign or pledge you rights and/or obligations under this Agreement to any third party without the prior written approval of Sportion.

14. SEVERABILITY

14.1

If any provision of this Agreement between Sportion and you is held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that this Agreement otherwise remain in full force, effect and enforceability.

15. WAIVER

15.1

Sportion’s failure to exercise its rights or failure to declare that your default shall not conclude a waiver of Sportion’s rights under this Agreement.

16. GOVERNING LAW

16.1

This Agreement shall be construed in accordance with and governed by the laws of Sweden.

17. DISPUTES

17.1

Disputes arising out of this Agreement shall be settled in Swedish public court with Stockholm civil court as the first instance.