Welcome to Pickit, a service offering various services related to images which enables you as an individual or a company, amongst other things, to upload, share and sell your own Photos and request or purchase Photos from other users.
These terms and conditions (the “Terms of Use”) apply to the platform Pickit (“Pickit”) and all services provided on Pickit whether you visit Pickit via the website www.pickit.com or via any other system such as one of our apps or via one of our business partners (collectively the “Service”) by PicHit.Me AB, Swedish org. no. 556914-4156, (the “Provider”) to the users of Pickit and/or the Service (the “User(s)”/”You”/”Your”).
In addition to these Terms of Use special terms may apply for different services provided on Pickit (“Special Terms”). In the event of any conflict between the Special Terms and these Terms of Use, the Special Terms shall prevail unless otherwise expressly stated. The Terms of Use and any Special Terms which You have agreed to shall jointly be referred to as the “Agreement”.
Terms starting with a capital letter, such as the term "Agreement", are defined in these Terms of Use and have the meaning assigned to them also when appearing above the definition.
By using Pickit and/or the Service You acknowledge that You have read, understand and agree to be bound by these Terms of Use and undertake not to use the Service in breach of these Terms of Use. These Terms of Use and any Special Terms constitutes the Agreement between You and the Provider.
If You are an individual You confirm and warrant that that You are at least 18 years old or, if not, that You have the consent of Your parent and/or legal guardian to enter into this Agreement and that You are not otherwise barred from entering into a binding contract under applicable laws.
If You are a User on behalf of a legal entity You confirm and warrant that You are authorized to sign on behalf of that legal entity and that neither You nor the legal entity You represent are otherwise barred from entering into a binding contract under applicable laws.
The Service enables You to upload, share and sell Your own Photos and use, request or purchase Photos from other Users e.g. via Missions at the crowd-driven market Pickit, find Photos in the Pickit Image Bank, as well as share Content, comments, ideas and opinions and promote Your work with the worldwide network of Pickit photographers and users, and participate in surveys, contests and promotions, and access or purchase services made available at Pickit from time to time. The Service may be provided through various online and offline platforms, e.g. for mobile and desktop use, websites, sharing tools, digital signage applications and APIs, that allow you to upload, download and share Photos and other Content.
Basically, by uploading a Photo, you grant to every User a right to use such Photos via the Service and in the “real world”, to the extent permitted by the Terms of Use and the relevant level of permitted use as stated below.
A “Photo” means a digital photograph file which has been taken with a camera phone, camera or similar device designed for taking photos, and/or a digital image file.
"Content" includes, but is not limited to, Photos, Missions, text, User comments, messages, information and software.
To use the Service You must create a user account at Pickit. When You create a user account an account connected to You for receiving funds via or from the Service is activated ("Pickit Account"). During registration You shall choose a user name and a personal password. You may not choose a user name that is harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing or invasive of personal privacy rights.
Your agree to and warrant that all information that You submit to the Provider via Pickit or otherwise is truthful and accurate and that You will maintain the accuracy of such information (including Your email address).
You agree to and warrant that You will not disclose (willfully or by negligence) Your user name and/or password to any third party or otherwise allow any third party to use Your access to the Service. If You have reason to believe that a third party has gained access to Your user name and/or password You must immediately inform the Provider via email to support@pickit.com. For security reasons Your access to the Service including Your Pickit Account will be blocked if You provide the wrong log in information a certain number of times in a row.
You are personally responsible for the use of the Service under Your password. You are liable for any damage or loss incurred by the Provider or any third party due to unauthorized use of Your user name and/or password.
You agree to and warrant that You will not: - use Pickit and/or the Service to transfer or upload Content that contains viruses, corrupted data, malicious software or other programs that may harm computers or other property, - use Pickit and/or the Service to defame, harass, discriminate or threaten another person/company or in any other way violate rights, - distribute or reproduce all or any part of Pickit or the Service (except as set out in the Special Terms), - alter, disassemble, decompile or reverse engineer any part of Pickit or the Service, - use software that reads or adds data on Pickit or the Service automatically, - use Pickit and/or the Service to request or encourage other users to breach this section, or any other provision of the Agreement, - abuse Pickit or the Service or use it for any unlawful or unauthorized purpose (which includes transmitting any computer viruses through Pickit, or using Pickit in a manner which violates or infringes the rights of anyone else).
You agree to and warrant that You will not publish, post, transfer, distribute or upload any Content to Pickit and/or the Service which:
- You are not the creator and/or owner of all rights to, or that You do not have the creator’s and/or owner’s consent to transfer rights to, to the Provider, Users and other third parties as set out in these Terms of Use and as further set out in the Special Terms, - is a Photo that have already been assigned in a way that would conflict with the Agreement or would prevent the Provider Users and other third parties as set out in these Terms of Use and as further set out in the Special Terms from exercising their rights under the Agreement, - is a Photo in relation to which You do not have the consent of all persons appearing in the Photo to grant the rights set out in the Agreement such as (including but not limited to) the right to use the Photo in marketing, - is a Photo in relation to which You do not have all other consents necessary to transfer rights to such Photo to the Provider and third parties as set out in the Agreement, such as (including but not limited to) the consent of the creator and/or owner of any copyright protected work appearing in the Photo, - is a Photo in relation to which You have not exercised caution when taking the Photo and that all applicable law has been followed when taking the Photo, - is a Photo of a celebrity, except with the celebrity's express consent, - promotes or encourages illegal activity, - is racially or ethnically offensive and/or constitutes agitation against a minority (such as e.g. national group or ethnic group), - constitutes defamation, contains pornography or is in any other way sexually explicit, - attacks sexual orientation or religion or is discriminating in any other way, - is in any other way harmful, abusive, offensive or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trade marks).
You agree to and warrant that You will only use Photos:
- in accordance with the Agreement, including in accordance with the relevant category of use (e.g. Exclusive Use or Unlimited Use) which You are allowed to use the Photo for, - by way of editing the Photo only provided such editing is carried out in ways which would not portray the Photo in a derogatory manner, - in a way that does not promote or encourage illegal activity, - in a way that is not racially or ethnically offensive and/or constitutes agitation against a minority (such as e.g. national group or ethnic group), - in a way that does not constitute defamation, contain pornography or is in any other way sexually explicit, - in a way that does not attack sexual orientation or religion or is discriminating in any other way, - in a way that is in no other way harmful, abusive, offensive or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trade marks), - in way that does not promote products related to or promoting tobacco or drug use, - in a way that does not promote products relating to pharmaceutical, healthcare, herbal or medical products or the use thereof, - in a way that does not promote politicians, political ideologies or positions. You may not use the Photo as a trademark or logo.
The Provider reserves the right to immediately remove any Content from Pickit that the Provider in its sole discretion deems is in breach of the Agreement, any other terms or conditions posted on Pickit or is otherwise harmful for the Provider.
The Service enables You to upload Content to the Service, e.g. by uploading Photos and by rating, sharing and adding information to Photos and sending messages to other Users. Such Content is not owned or reviewed by the Provider and hence You are personally responsible for any Content You upload to the Service and You agree and warrant that You will not use the possibility to upload Content in breach of the Agreement including to harass or threaten another User, including but not limited to repeatedly sending unwanted messages.
The Provider does not make any warranties or accepts any liability as to the accuracy of the warranties provided by You or any other User, including but not limited the warranties set out in this section 5.
Please read this text carefully before uploading a Photo on Pickit. This text determines how others can use Your Photos. Basically, You are granting and receiving an extensive license for use and adaptation of Photos that are uploaded to the Service.
Pickit provides all Users with an account the possibility to use Photos in one or more levels of permitted use. By uploading Photos and other Content to the Service, You grant to every User a license to access such Content via the Service and to use, publish, distribute, modify, adapt, publicly perform and publicly display such Content as permitted by the functions of the Service and these Terms of Use and in particular as permitted under the relevant type of permitted Use as defined below. The license applies worldwide and is irrevocable. The license is royalty-free, unless otherwise explicitly stated.
This means that the Photo may be used by others for any and all commercial and non-commercial purposes, for example for displaying the Photo on screens at Times Square as part of a marketing campaign.
The Photos submitted to the Service are subject to one of the following applicable levels of permitted use:
"Unlimited Use" means a non-exclusive right for all Users to use Photos for any and all commercial and non-commercial purposes, such as e.g. uploading, editing, rating, sharing and modifying Photos. This license does not include permission for a User to re-sell or sub-license the Photo.
"Exclusive Use" means an exclusive right to use Photos for any and all commercial and non-commercial purposes. Only Photos which have not been sold or uploaded to any other market place or subject to Unlimited Use may be made available for Exclusive Use. Exclusive Use is available for Users who subscribe to it, but may also be subject to an additional reimbursement. All Photos that are uploaded for Exclusive Use may be released and made available by the Mission Holder on the Service for Unlimited Use, in case of Photos Purchased by the Mission Holder. Photos not Purchased by the Mission Holder may be used for private purposes only, and may not be released and made available on the Service for Unlimited Use or used for any other commercial or non-commercial purposes. The Exclusive Use may be subject to further rights or restrictions, as may be specified in a Mission or in a separate agreement.
"Third Party License" is a license for Photos supplied by a third party service provider to the Service. The Third Party License means an individual, irrevocable, non-exclusive, non-transferable, right, throughout the world, in perpetuity, to modify and use such Photos solely in connection with the platforms Office365, Microsoft PowerPoint, Microsoft Word, Xbox and Sway. The Photos may not be used in any campaign created outside or independently of these platforms.
By uploading Content on Pickit You further, to the extent permitted by law, waive any moral rights that may be vested in You as creator of such Content, including the right for You to have Your name stated when the Content is used on Pickit or in marketing and promotion of the Provider and/or the Service, or by Users in accordance with the Agreement, in all media and all countries.
By uploading Photos and other Content to the Service, You grant to the Provider, a non-exclusive, perpetual, transferable, worldwide, irrevocable and royalty-free license (with the right to sublicense) to ¬– without restrictions – reproduce, make available, use, publish, distribute, modify, adapt, publicly perform and publicly display such Content on Pickit and the Service and otherwise as required in order to perform the Service and in marketing and promotion of the Provider and/or the Service in all media and all countries. You agree to and warrant that the content is owned or duly licensed by You and that the Provider does not need the permission or license from any third party to use the above described rights.
As a User of the Service, you are granted a license in accordance with the above mentioned from each other User who uploads Photos and other Content. You understand that the Provider is not the licensor of the Photos and does not warrant or is liable in connection with your use of the Photos.
Detailed terms for the Service, including terms for different subscriptions which determine relevant type of permitted use, and the fees associated with them from time to time, may be enacted by the Provider in relation to the User via the Service from time to time and shall form part of the Agreement.
Photos can be requested in general or with specific motives, themes or other qualities by the Provider or a User and uploaded to the Service by Users in response to such request the Service (“Mission”). Regardless of whether a Mission is posted by the Provider or a User, all Photos uploaded to such Mission will be available to other Users in accordance with the licenses (as defined in section 6) granted by the User uploading the Photo for relevant type of use (as defined in section 6) described in the Mission. If no particular type of use is evident from the Mission the relevant type of use is by default Unlimited Use.
If a Mission concerns the request of one or more Photos for Exclusive Use it is a "Mission for Exclusive Use".
If You post a Mission in the Service You are referred to as a "Mission Holder".
As Mission Holder You may not post a Mission that requests Photos of a specific person, such as a celebrity. Further You may not post a Mission that requests Photos that are offensive or illegal or in any other way in breach of the Rules of Conduct set out in section 5 of the Terms of Use, or of any other provision in the Agreement.
As Mission Holder You can, when posting a Mission for Exclusive Use, set a purchase price that You are willing to pay for a Photo (the "Money Reward"). Offering a Money Reward is optional.
As Mission Holder You accept that the Provider may connect sponsors to your Mission which provides gifts to the Contributors ("Sponsor Reward").
If You decide to respond to a Mission by pressing the button “contribute” and uploading a Photo which conforms with the description in the Mission You are referred to as a "Contributor". As a Contributor You may receive a Sponsor Reward when uploading a Photo.
You as a Contributor are liable for any damage caused to Users, the Provider or any third party by their use of Your Photos in accordance with this Agreement. You as a User are liable for any damage caused to the Contributor, the Provider or any third party by any use of Photos in breach of law or of the Agreement and/or the Purchase Agreement.
Should You as Contributor or User have any claim against another User under the Agreement, You agree to direct such claim directly towards such party.
As a Mission Holder of a Mission for Exclusive Use You will receive from the Provider a last date to decide to acquire rights to the Photo (“Last Purchase Date”) which You will be informed of on the Service before posting Your Mission. It may be possible for You to prolong the Mission and hence push the Last Purchase Date forward.
If You as Mission Holder decide to acquire the Exclusive Use rights to a Photo You are instead making a Purchase (see Sections 9 and 10 below). The Provider’s right to use the Photo is terminated when the Mission Holder decides to make a Purchase of the Photo.
If You are a Contributor to a Mission for Exclusive Use and the Mission Holder has not decided to make a Purchase of Your Photo before the Last Purchase Date has passed, You have for the avoidance of doubt no right to receive any Money Reward.
By Purchasing a Photo You as Buyer agree to and warrant that you will not use the Photo in breach of law or of the Agreement and/or the Purchase Agreement.
If You as Mission Holder of a Mission for Exclusive Use decide to acquire Exclusive Use rights to a Photo as set out below under “Purchase Agreement” You will make a purchase (a "Purchase") and be referred to as "Buyer". The Contributor from which You as Buyer acquires rights to the Photo, is referred to as "Seller".
The Purchase constitutes an agreement solely between the Buyer and the Seller, and the Provider is not a party to such agreement.
The Provider will collect the agreed remuneration for the Purchase, including applicable VAT, on behalf of the Seller. In addition, the Provider may charge the Buyer an administrative fee.
As Buyer You acknowledge and agree that there are legal restrictions that apply to how you can use a Photo which you have Purchased through the Service. The main restrictions are that You must respect the so-called moral rights of the creator of the Photo, when using the Photo.
The Provider does not make any warranties or accepts any liability as to the accuracy of the warranties provided by the Seller or the Buyer, including but not limited the warranties set out in section 5 above.
The Provider is not the owner of the Photo and has no control over the Photo. The Provider hence makes no warranties and accepts no liability for the Photo that You Purchase as Buyer including but not limited to as regards the quality or legality of the Photo, or the existence of any virus or malicious codes or similar in the Photo, and the use thereof.
You as Seller are liable for any damage caused to the Buyer, the Provider or any third party by their use of the Photo in accordance with this Agreement or the Purchase Agreement.
You as Buyer are liable for any damage caused to the Seller, the Provider or any third party by any use of the Photo in breach of law or of the Agreement and/or the Purchase Agreement.
Should You as Buyer or Seller have any claim against your counterpart in the Purchase Agreement, You agree to direct such claim directly towards such counterpart.
By uploading a Photo to a Mission for Exclusive Use You as Contributor accept that the following terms and any further terms set out in the Mission or otherwise agreed between the Seller and Buyer apply between You as Seller and the Buyer. By creating a Mission for Exclusive Use You as Mission Holder accept that the following terms and any further terms set out in the Mission or otherwise agreed between the Buyer and Seller apply between You as Buyer and the Seller, if you decide to make a Purchase of the Seller’s Photo (the "Purchase Agreement").
Purchase Agreement
- The definitions of the Agreement entered into between the You and the Provider shall apply also to this Purchase Agreement.
- To the extent permitted by law the Seller hereby irrevocably transfers all rights, ownership and title to the Photo to the Buyer, including but not limited to the right to adapt the Photo and assign or transfer any and all rights acquired to the Photo, including but not limited to the right to upload the Photo on the Service for Unlimited Use. The Seller further, to the extent permitted by law, waives any moral rights that may be vested in the Seller as creator of the Photo, in particular in relation to the use of the Photo described in the Mission. This also includes (but is not limited to) waiving any right that the Seller may have as creator of the Photo to have his/hers name stated when the Photo is used.
- The Seller shall be entitled to use and copy the Photo for private purposes only.
- The Seller agrees that the Photo and hence any persons or property appearing in such Photo, is used by the Buyer in marketing, whether or not described in the Mission.
- The Seller makes the same warranties as set out in section 5.2 in these Terms of Use also towards the Buyer.
- As Seller You accept that the Money Reward set out in the Mission, if any, is the only remuneration for the Purchase from the Buyer and the Seller ("Purchase Price"). The Provider will collect the Purchase Price, including applicable VAT, from the Buyer on Your behalf.
- As Seller You accept that no further remuneration is due from the Buyer in relation to the Purchase Price. If no Money Reward is set out in the Mission You as Seller accept that the Sponsor Reward, if any, is the only remuneration for the Purchase and that no further remuneration is due from the Buyer in relation to the Purchase.
All intellectual property rights, including but not limited to copyrights and trade marks and trade names (whether registered or not), in and related to the Service as such is the property of the Provider, its partners and/or other Users.
The Service is provided "as is" and the Provider grants no warranties, express, implied or otherwise, as to the accessibility, quality, suitability, or accuracy of the Service and disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement. The Provider shall not be liable for the technical implementation of the Service. Furthermore, there are situations when the Service will not be accessible, including but not limited to situations due to necessary maintenance and circumstances outside the control of the Provider such as net access failure – that the Service is not accessible due to these circumstances is not a fault in the Service and the Provider shall not be liable to You on account thereof.
To the fullest extent permitted by applicable law the Provider, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors shall not be liable to You or any third party for any direct damages, indirect damages or any other damages of any kind, including but not limited to lost data, lost capital, lost profits, lost income, lost revenue, business interruption, damages for goodwill, procurement of substitute services, arising out of or in connection with the Agreement or the use or inability to use Pickit and/or the Service.
To the extent the Provider is liable to You for any damages, the Provider’s aggregate liability to You, whether for negligence, breach of contract or any other cause of action or omission shall be limited to the aggregate fees relating to the service causing the damage, that You have paid to Provider during the 12 months preceding the event causing the damage.
The Provider shall not be liable to You for any claims made by third parties towards You.
The User shall be liable for any damage caused to the Provider or any third party by User’s breach of the Agreement, including but not limited to any damage caused by the taking or use of a Photo or any use of Pickit and/or the Service in breach of the Agreement.
You agree to hold harmless and indemnify the Provider in relation to any claims, costs (including properly incurred legal costs and other advisers’ fees), damages, expenses, liabilities and losses, incurred by the Provider, arising in any manner whatsoever in relation to the taking or use of a Photo in breach of the Agreement, or any other breach of the Agreement.
You acknowledge and agree to that the Provider may occasionally, at its own discretion, make changes to the Agreement, including these Terms of Use. When the Provider makes changes to the Agreement that the Provider consider material You will be notified via the Service. By continuing to use the Service after those changes are made You are expressing and acknowledging Your acceptance of the changes.
If You believe or suspect that Content, including a Mission or Photo, on the Service is in breach of the Agreement you may report such Mission or Photo to the Provider. Your abuse of this function will be regarded as a material breach of the Agreement.
The Provider reserves the right to immediately remove Content, including Your Mission or Photo, if it is reported as described in section 15.1 above. If Content is, in the Provider’s sole discretion, not in breach of the Agreement the Provider will re-post the Content.
Price and payment terms for each individual subscription and other Service are as provided by the Provider via the Service from time to time.
If you have a premium subscription, your payment to the Provider will automatically renew at the end of the subscription period, unless You cancel your premium subscription through Your profile page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period and Your subscription will be downgraded to the free starter level. Subscription fees already paid to the Provider will not be refunded.
If you have purchased a premium subscription, You have the right to change your mind and receive a full refund within fourteen (14) days of your purchase (Cooling-Off Period). You cannot cancel your premium subscription if You have started to use the Service during the Cooling-Off Period. To cancel your premium subscription, You must inform the Provider of Your decision in writing by e-mail before the Cooling-Off Period has expired. You may use the Model instruction of withdrawal available here. The Provider will reimburse You no later than 14 days from the day which we received Your cancellation notice. The Provider will use the same means of payment as You used for the payment of the subscription, and will not incur any fees for such reimbursement.
In addition to the general prerequisites in this Agreement, the following special prerequisites apply to Your Pickit Account:
15.1.1 You cannot deposit funds on Your Pickit Account.
15.1.2 You can transfer funds from Your Pickit Account only (i) when You have logged into Your account and (i) when You have fifty (50) USD or more on Your Pickit Account and (iii) to the [bank account/PayPal account] which You have registered with the Provider and of which You are the registered holder.
15.1.3 The Provider reserves the right to reclaim funds which have been erroneously deposited on Your Pickit Account. If such reclaim of funds result in a negative balance, You are liable to repay the lacking funds to the rightful owner via the Provider.
15.1.4 All funds on Your Pickit Account are held by the Provider on Your behalf (Swedish: redovisningsmedel) on a bank account. Any interest on the funds belongs to the Provider.
15.1.5 The Provider's statement of account for Your Pickit Account is only provided via the Service. You are responsible for all transactions on Your account.
15.1.6 The Provider reserves the right to block Your Pickit Account if the Provider suspects that You use Your Pickit Account in breach of the Agreement or applicable law or for security reasons. You are not entitled to any damages due to such blocking of Your Pickit Account.
The Provider may terminate the Agreement, by written notice to Your email address, and Your access to the Service with immediate effect if You commit a material breach (including but not limited to any breach of the provisions under "User name and password" and “Rules of conduct”) of the Agreement. The Provider reserves the right to claim damages and all other rights provided by law.
The Provider shall furthermore have the right to terminate the Agreement and cease to provide access to the Service with immediate effect and without prior notice if required by law or an authority decision or because the Provider ceases to provide the Service.
You have the right to terminate any and all subscriptions in accordance with the terms referred to in section 15 above.
After termination any and all funds on Your Pickit Account are transferred to the [bank account/PayPal account] which You have registered with the Provider and of which You are the registered holder. If the Provider have no valid contact details or [bank account/PayPal account] regarding You at the time of termination and therefore cannot contact You, the funds will accrue to the Provider twelve (12) months after the termination.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, but not limited to provisions regarding ownership, warranty disclaimers, indemnity and limitation of liability.
You can have Photos which You have uploaded to the Service for Unlimited or Exclusive Use, before Purchase, removed by requesting the Provider to do so via the Service. Please note that such removal has no retroactive effect and that Your license still applies to use of Photos started before such removal.
Processing of personal data
The use of the Service entails various types of personal data being processed for various purposes. Under the Swedish Personal Data Act (1998:2004), which implements the EU Directive 95/46/EC, the Provider will be liable for the processing of personal data for which the Provider decides the purposes and the means, i.e. why and how, the personal data is processed, while a User of the Service will be liable for processing for which the User decide why and how the personal data is processed. Personal data is data which is directly or indirectly referable to a natural living person, e.g. name and address but also possibly a person on a Photo.
Processing of personal data for which the Provider is liable
17.1.1 The Provider is liable for processing of personal data. The Provider will process personal data about You or Your physical representatives and employees etc., the “Data Subject”, such as personal name, user name, photo, email address, geographic location, payment information, technical data and metadata relating to Photos, and any other personal data that You or the Data Subject provide us with, and how the Data Subject use the Service for the following purposes: (a) to administrate Your account, Pickit and the Service and to otherwise fulfil the Agreement with You; (b) to personalise and improve Your experience with the Service and to send You alerts or messages by email or otherwise, including promotional alerts and messages; (c) to inform You via email or otherwise about updates of the Service, including updates of the Agreement, (d) to improve the Service, (e) to monitor and prevent use of the Service in breach of the Agreement, (f) to fulfil requirements by law and (g) to provide You with marketing of products and services.
By accepting these Terms of Use You agree to receive direct marketing from the Provider or third parties, e.g. via email or otherwise. You may refuse Your personal data being used for direct marketing and You may recall Your earlier consent to receive direct marketing.
The Provider may not be able to provide the Service in full unless the above stated information is provided by the Data Subject.
The Provider may disclose the personal data about the Data Subject, within and outside the EU, to other companies in the Provider's business group, and to its partners, contractors and to other users for the above stated purposes.
Data Subjects are entitled by law to once per calendar year, free of charge, upon written request receive information about what personal data about them is processed by the Provider. Data Subjects are also entitled to ask for the rectification, erasure or blocking of any personal data which is inaccurate. If a Data Subject wishes to exercise any of these rights, he/she should write to the Provider, at the address found here stating his/her full name and, if applicable, his/her address, user name and the email address used for registration.
17.1.2 You are liable to ensure that any Data Subject who are Your physical representatives and employees etc., whose personal data may be processed by the Provider, are made aware of the contents of this section 11.2, at latest when their personal data is provided to the Provider.
Processing of personal data for which the Provider is not liable
A User may, under applicable data protection legislation, be liable for processing of personal data through or from the Service for the User's own purposes. In such case, it is the User's responsibility to take necessary measures under applicable law to ensure compliance with such law. The Provider will not accept any responsibility to act on behalf of the User in this capacity, except as specifically agreed between the parties in a separate, written data processing agreement, and will thus for example not (i) provide sufficient information to the data subjects (the individuals whose personal data is processed for the purposes decided by the User) about the identity and contact details of the User, the purposes of the processing and any other information the data subjects might need to exercise their rights, or (ii) ensure that the processing is otherwise lawful, on behalf of the User.
Please note that any information that You enter on a third party website or application (and not directly on the Service), e.g. when making payments via PayPal or publications via Facebook, will be shared with the owner of the third party website or application and Your information may be subject to their privacy policies and terms and conditions.
You may not assign Your rights or obligations under the Agreement without the Provider’s prior written approval.
The Provider may assign its rights or obligations under the Agreement to any third party without Your prior written approval.
The Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed and interpreted under the laws of Sweden, excluding its conflict of law rules, unless otherwise required by mandatory law of a member state of the European Union or any other jurisdiction.
Any dispute, controversy or claim arising out of or in connection with the Agreement or any non-contractual obligation arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by the courts of Sweden with the Stockholm City Court as first instance.